Dilapidations can often be a complex matter and can become an extremely contentious point between a Landlord and Tenant. The relationship between a Landlord and Tenant is governed by the lease both parties enter into at commencement.
Dilapidations are breaches of covenant contained in a lease. A typical modern commercial lease will describe in detail the obligations placed on the tenant in keeping the property in good repair and decorative condition throughout the term. However, leases can vary in terms of their content.
Failure by either party to understand and comply with their obligations can lead to dispute and the possibility of substantial financial loss.
Implementation of The Civil Procedure Rules and the Property Litigation Association Pre-Action Protocol have changed significantly the manner in which dilapidations are dealt with.
Peacock Stevens are vastly experienced in dealing with dilapidations, whether acting for landlords or tenants, we provide advice at both pre-lease commencement and at lease end. Further, we also provide strategic advice during the term of the lease to ensure the parties comply with their obligations under the lease.
We have and continue to act for large Commercial and Retail occupiers and property companies and funds.
Upon receipt of a Terminal Schedule of Dilapidations served by the landlord, Peacock Stevens were appointed by the outgoing tenant to discuss and negotiate a settlement arising from the claim for damages for alleged breaches of covenant under the terms of the lease.