Wherever there is a lease there are dilapidations obligations. We have considerable experience in assessing and advising on potential liabilities, developing strategies to suit our clients’ commercial objectives, preparing and responding to schedules and claims, and avoiding or settling claims through commercial negotiations or more formalised processes.
We often devise and manage lease compliance projects to mitigate our clients’ costs or losses and avoid or underpin claims.
lease end dilapidations
Invariably, there is a gap (sometimes a gulf) between the parties’ positions towards the end of a lease term – a landlord’s objective will be to protect the value of his asset, whilst a tenant’s will be to to manage and mitigate his expenses. How and when that gap is bridged depends on a variety of factors: the quality of the advice the parties receive, their management of time and work, the events which unfold, and the negotiating strategies which each party adopts.
We strive for a strong and coordinated approach across all these aspects, having explored the context of our clients’ overall business objectives and constraints. We are well versed in the framework of the “Dilapidations Protocol”, and with an informed and common sense approach to claims, we have a good track record in resolving things expediently where appropriate, and in assisting in the formalisation and enforcement of a realistic outcome where necessary.
liability, break & exit advice
We regularly advise on the management of potential liabilities well in advance of lease expiry and help our clients manage lease exits smoothly within a wider overall strategy, recognising the commercial benefits which can arise.
We have advised both landlord and tenants in devising realistic strategies and obtaining good commercial outcomes in the context of conditional break options.
repairs notices & interim claims
The rights, obligations and processes involved in managing the physical condition of properties during leases are not always fully understood or utilised.
We are experienced in identifying these and working with our clients’ teams to advise them pragmatically and to help optimise their asset management or occupational objectives within the contractual and statutory frameworks which apply, either as part of a portfolio review or on an individual basis.