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When a commercial lease comes to an end, landlords and tenants often find themselves at odds over the condition of the property. Dilapidation claims — essentially disputes about repairs and maintenance — can quickly become contentious, especially when large sums of money are involved.
Most leases include obligations for tenants to keep the property in good repair, decorate at set intervals, and return the premises in a certain condition. If the landlord believes these obligations haven’t been met, they may serve a Schedule of Dilapidations outlining the alleged breaches and the cost of putting things right.
This is where the numbers start to matter. The landlord might claim tens of thousands of pounds for repairs, but that doesn’t mean they’ll recover the full amount. Tenants can challenge the claim, arguing that the works are unnecessary or that the landlord would have carried them out anyway — for example, as part of a wider refurbishment. In these cases, the law looks at the “diminution in value” — the actual drop in the property’s value caused by the disrepair — which can be far less than the cost of the works.
It’s also worth noting that the Pre-Action Protocol encourages both sides to exchange information early on, including expert reports, which can help narrow the issues and avoid court proceedings altogether.
At Pickerings Solicitors, we regularly advise both landlords and tenants on dilapidation claims. We understand the commercial pressures at play and work closely with surveyors and valuers to make sure our clients are on solid ground. Whether you’re preparing a claim or defending one, we’ll guide you through the process and help you reach a fair outcome.
If you’re dealing with a dilapidation issue or any other commercial property dispute, contact Charlotte Green on 01827 317071 or email cgreen@pickerings-solicitors.com. We’re here to help you move forward with confidence
