Dilapidation Claims

• Acting for Landlord in Dilapidation Claims
• Acting for Tenant in Dilapidation Claims
• Section 18 Diminution in Value
• Dilapidation Protocol

Dilapidation Claims Solicitors in Leicester

I am Steven Mather Solicitor and I am an expert in Dilapidation Claims. I have dealt with a number of dilapidation claims since 2006 and every time I strive to provide:

• Plain English Advice
• Time – to understand your situation and all that you’re faced with
• Results – we are driven to get the best possible result for you
• Value – we work on fixed fees where possible
• Convenience – meetings by phone, video call or in person at a time to suit you.

What are dilapidations claims?

Dilapidations Claims related to the physical state of Commercial Property at the end of a tenancy or lease. I’m a dilapidations solicitor and I act alongside your surveyor where an agreement cannot be reached on the level of compensation payable to the Landlord. I act for either Landlord or Tenant in dilapidations claims. Obviously a Landlord wants to maximise the money recovered and a tenant wants to minimise the amounts paid.

The starting point for any dilapidation claim is the Lease. This will set out what are known as “repairing covenants” which set out the extent of the tenants repairing obligations on leaving the property or at the end of the Lease.

Often there will have been a schedule of condition when the Lease was first taken out. This will set out the expected condition required to “put” the property back to repair. The tenant is not expected to improve the Property.

The Civil Procedure Rules (the Court Rules) set out some rules for dealing with dilapidation claims in the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy. The dilapidations protocol sets out certain things that you must do before proceedings can be issued, these include:

• Service of the schedule of dilapidations in an approved format
• Make a quantified demand / quantifying the loss
• Allow for a response from the Tenant
• Exchange documents
• Allow for negotiation and dispute resolution

The Statutory Cap

Section 18 of the Landlord and Tenant Act 1927 still applies to dilapidation claims, and this Act is known as the “statutory cap” on dilapidation claims. It says that a Landlord’s claim is limited to the diminution in value (or the reduction in value) of the premises because of the repair work required, even if the dilapidations work is higher.

Why use me as a Dilapidation Claims Solicitor in Leicester?

I am a very experienced dilapidation solicitor having qualified in 2008 and most recently been Head of Litigation at an award-winning law firm in Leicester. I have dealt with a significant number of dilapidations disputes. I have previously acted for Next Plc in dilapidation claims and now more usually act for Landlords of commercial property in Leicestershire, or SIPP Trustees acting as Landlords. I do also act for Tenants.

I can help you every step of the way. Typically, I get involved once surveyors have tried to resolve matters, but we can also be involved in instructing surveyors whether for the Schedule of Dilapidations or the Diminution in Value report.

Recent examples of contract disputes

Here’s a sample of the kinds of breach of contract disputes I’ve dealt with recently:

• Dilapidation on a doctors surgery, acting for Landlord which went to Court
• Dilapidation claim for Landlord of commercial property in Leicester
• Acting for Pension Trustees as Landlord of Commercial property
• Mediation on dilapidation claim for chain of estate agents
• Dilapidation claims for large National retailer

How much do dilapidation claims costs?

There is quite a wide range in costs, as it depends on the value, complexity and other party’s actions. The following costs are estimates only, and do not include disbursements such as Court Fees, Experts or Barristers costs. You will be given a bespoke estimate or fixed fee when we discuss your case.

Typically, a disputed dilapidation claim from start to finish could cost in the region of £10,000 to £30,000 plus VAT plus disbursements. The Court fee will usually be 5% of the claim value. You’ll also need to factor in the Schedule of Dilapidation report and the diminution in value report from an RICS Surveyor, which typically cost a few thousand pounds as well.

Next Steps

If you’re unsure on the question of fees, or on any aspect of dilapidation claims then speak to me a litigation solicitor Steven Mather.

Just fill in the form on the side of this page, or give me a call to discuss further.