Dilapidations

We act for commercial landlords and tenants in bringing and challenging claims for dilapidations.

The issue of dilapidations can arise during the lease term, or most commonly at the end of the term when a terminal dilapidations claim is made.  The landlord and tenant should always have regard to the Pre-Action Protocol for claims for damages in relation to the physical state of commercial property at the termination of a tenancy. The protocol was formerly adopted by the Court under the provisions of the Civil Procedure Rules in January 2012.

When advising in connection with dilapidations, it is important to bear in mind the obligations pursuant to the lease, those set out by common law and also to consider whether a cap can be imposed on the landlord’s ability to recover damages pursuant to Section 18 of the Landlord and Tenant Act 1927.

Recent cases of note in this area include:

  • PGF II v  Royal and Sun Alliance (2012)
  • Sun Life Europe Properties v Tiger Aspect Holdings (2013)
  • Hammersmatch Properties (Welwyn) Limited v Saint-Gobain Ceramics and Plastics Limited (2013)

In addition to the dilapidations protocol, the parties should have in mind The Code for Leasing Business Premises in England and Wales 2007.

“At JCP Solicitors, team head Sarah Davies is ‘excellent at landlord and tenant or dilapidation disputes’." 

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