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Dilapidation Services in Swindon

Dilapidations Services in Swindon, Bristol & Beyond

Schedules of Condition

Landlord & Tenant Advice for Dilapidations Claims

“Dilapidations refers to breaches of lease covenants that relate to the condition of a property during the term of the tenancy or when the lease ends.”

RICS 2013

 

Dilapidation Services in Swindon

Western Building Consultants have experience in expertly advising both tenants and landlords in regards to dilapidations claims in Swindon and the West Country.

 

What are dilapidations claims?

Often arising at the termination of a building lease it is vitally important that both the landlord and tenant take professional advice to ensure the dilapidations claim reflects reality.

Dilapidations are areas of disrepair or defects which tenants must repair, rectify or pay to have remedied under clauses contained within a buildings lease.

When you lease a building the lease itself generally allows for dilapidations claims under the lease for

  • repairing covenants
  • decorating covenants
  • covenants to comply with statute/regulations
  • covenants which require reinstatement of a property to a specified standard at termination of the lease.

 

What can a tenant do to reduce liability occurring from a lease?

A schedule of condition is often attached to a lease to help limit potential claims.  An obligation to keep in good condition can require works to be carried out even if there is no disrepair. A covenant to keep the property in good repair and condition is more onerous than good repair alone and should therefore be avoided if possible in lease negotiations.

 

What can a Landlord do to claim damages from the lease?

During the term of the lease, the landlord’s remedies include a claim for damages, forfeiture, re-entry for the landlord to repair and then re-charge costs to the tenant and specific performance of the terms of the lease. A claim for damages is the landlord’s only remedy once the lease has expired. The landlord can recover the reasonable cost of undertaking repairs plus loss of rent for the time taken until the works have been completed.

If you are a landlord or tenant in Swindon or surrounding areas and need to discuss a dilapidation case please give Western Building Consultants a call to discuss how we can help.

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