Managing Claims for Dilapidations
Dilapidations relate to the disrepair or damage of a property during a lease, or when the lease ends. Tenants have an obligation to keep the property in good repair. If a Tenant fails in this regard, the Landlord can ask the Tenant to rectify the damage or recover the cost of carrying out any repairs themselves.
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The issue of dilapidations will most often arise at the end of the lease term, but you should always keep it in mind. A Landlord can serve a schedule of dilapidations at any time and can be a costly claim for both parties.
When your Landlord serves a schedule of dilapidations, you must comply with the repair obligations and carry out works necessary. Alternatively, you could pay the landlord for the cost of the works. A Landlord may also be able to claim for loss of rent while the repair works are carried out after the expiry of the lease.
Whether you are the Tenant entering into the lease or the Landlord granting the lease, it is important that you instruct an experienced professional to conduct a lease review in order to prevent disputes around disrepair to the property.
If you are a Tenant and you have recently received a dilapidation claim, you are required to carry out repairs in reasonable amount of time and should act quickly. If you want to contest the claim, contact us today so that we can advise you on the next best steps.
If you are a Landlord concerned about damage to your property, contact us without delay.
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This article is general comment. You must not act or decide not to act without receiving legal advice specific to your circumstances.