Commercial dilapidations advice for landlords and tenants
Dilapidations are one of the most common areas of dispute in commercial property. Whether you are a landlord seeking to protect the value of your asset or a tenant preparing to vacate premises, obtaining clear professional advice early can make a significant difference to the outcome.
Whybrow provides commercial dilapidations advice to landlords and tenants across Essex and the wider region. Our RICS-regulated dilapidations surveyors help clients understand their obligations under the lease, assess potential liabilities and manage negotiations to achieve commercially sensible outcomes.
By taking a proactive and commercially focused approach, we help clients manage risk, avoid unnecessary disputes and reach practical settlements wherever possible.
Get in touch with our dilapidations team
Dilapidations services we provide
Our commercial dilapidations service supports both landlords and tenants throughout the lifecycle of a claim.
For landlords, we prepare costed Terminal Schedules of Dilapidations that set out breaches of lease covenant and the associated cost of remedial works. This enables landlords to pursue reinstatement works or negotiate financial settlements where appropriate.
For tenants, we provide strategic advice and dilapidations liability assessments to help understand potential exposure before a lease expires. This allows tenants to plan remedial works, manage negotiations and avoid unnecessary costs.
Our services typically include:
- Preparation of costed Terminal Schedules of Dilapidations
- Preparation of Interim Schedules of Dilapidations
- Notices to Repair during the lease term
- Dilapidations liability assessments for tenants
- Negotiation and settlement of dilapidations claims
- Defence of landlord claims on behalf of tenants
- Advice on lease obligations and break clause conditions
Where matters progress further, we can also act as expert witnesses in court proceedings relating to dilapidations disputes.
Why Choose Whybrow for Dilapidations?
Experienced Dilapidations Surveyors
Our RICS-regulated surveyors advise landlords and tenants on dilapidations across a wide range of commercial properties.
Tailored Dilapidations Advice
We tailor our advice to your lease, property and commercial objectives, with a personal approach throughout.
Commercial Dilapidations Expertise
We have advised on a wide range of dilapidations matters across commercial property, giving us the experience to guide clients towards practical outcomes.
How the dilapidations process works
Dilapidations matters usually follow a structured process, beginning with a review of the lease and ending with negotiation or settlement of any claim. While every instruction is different, the typical steps are outlined below.
- Instruction and initial review
We review the lease and any related documents, such as licences to alter, deeds of variation and schedules of condition, to understand the repairing obligations. - Property inspection
A detailed inspection of the property is carried out to assess its condition and identify any breaches of lease covenants. - Preparation of schedules or liability assessments
For landlords, we prepare a costed Schedule of Dilapidations. For tenants, we may produce a dilapidations liability assessment to understand potential exposure. - Costing and supporting documentation
Breaches of covenant are assessed and costed, forming the basis of the claim or defence. - Negotiation between the parties
Surveyors acting for each side review the claim and negotiate the scope of works or a financial settlement. - Resolution or next steps
Most dilapidations matters are resolved through negotiation or alternative dispute resolution. Where necessary, surveyors and solicitors may continue working together if a claim progresses further.
Who our dilapidations service is for
Most instructions arise towards the end of a lease term or when a tenant serves a break notice. However, surveyors may also be instructed during the lease where landlords have concerns about how a property is being maintained or where tenants wish to understand their potential dilapidations exposure well in advance of vacating.
Dilapidations services for landlords and asset managers
Landlords typically instruct us when a tenant is approaching the end of a lease or has served a break notice. At this stage it is important to identify breaches of covenant and ensure the property is returned in the condition required by the lease.
Early advice can also help landlords avoid becoming time-barred from claiming for certain items, particularly where reinstatement of tenant alterations may be required.
Dilapidations services for tenants and occupiers
Commercial tenants often seek advice well before the lease expiry date in order to understand potential dilapidations liability. Ideally this is around 12 months before the end of the term.
Early advice allows tenants to plan works, understand negotiation strategies and ensure they comply with any lease conditions attached to break options. Failure to meet these conditions can sometimes result in a break notice becoming .
Why choose Whybrow as your dilapidations surveyor
Whybrow brings more than 30 years of commercial property experience to dilapidations matters across a wide range of sectors and building types.
Our surveyors regularly act for both landlords and tenants, giving us a balanced understanding of the issues affecting each side of a claim. This allows us to provide pragmatic advice and negotiate settlements that reflect the commercial realities of the situation.
We also understand the importance of early involvement. Engaging a specialist dilapidations surveyor at the right stage can help clarify lease obligations, avoid misunderstandings and guide both parties towards a successful outcome.
Speak to a dilapidations surveyor
If you are approaching a lease expiry, considering exercising a break clause or have received a dilapidations claim, early professional advice can help you manage the situation with confidence.
To discuss your circumstances or arrange an initial conversation with one of our surveyors, please get in touch with the Whybrow team.
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