Table of Contents
Dilapidations & Dispute Resolution Solicitors in Manchester.
Understanding Dilapidations and Dispute Resolution.
Assessing Damages for Breach of Repairing Covenants.
Can You Help with Dilapidations?.
Where Do I Stand in Dilapidations?.
Do I Have to Take the Matter to Court?.
Dilapidations & Dispute Resolution Solicitors in Manchester
Understanding Dilapidations and Dispute Resolution
A building will always show some signs of wear and tear by the end of a lease. Many tenants choose to redecorate or alter their premises and may also have caused some damage during their time in the property.
Dilapidations are the exit costs to restore a property back to its original state. They are covered by repairing covenants contained in a lease and could include building repairs or undoing any aesthetic alterations. The lease will state who is responsible for carrying out this work.
Terminal Dilapidations
Terminal dilapidations are breaches of repairing covenants relating to the physical state of the premises at the time when the lease ends. These covenants could include but are not limited to:
- Repairing covenant: This will cover building repairs.
- Decorating covenant: This relates to the cost of redecorating the premises, back to its original state.
If you need legal advice or assistance with your dilapidation-related matter, please contact our expert dispute resolution solicitor in Manchester.
Assessing Damages for Breach of Repairing Covenants
There is a distinction between claims for breach of a repairing covenant brought during the term and those brought once the term ends.
During the Term
If a landlord brings a claim for breach of a tenant’s covenant to repair a property during the term, the starting point for calculating damages is the diminution in the value of the reversion. This is the estimated loss of value in the property as a result of a tenant failing to comply with covenants, In other words, it is not the full cost of repairs.
At the End of the Term
If a landlord is pursuing dilapidations claim against a tenant after the lease end, damages are calculated differently. The measure of damages is the reasonable cost of doing the works plus loss of rent for the period until the works have been completed, where appropriate, and fees.
The Cap on Damages
We recommend that you give serious thought to Section 18 (1) of the Landlord and Tenant Act 1927 which limits the damages available for breach of a repairing covenant.
Can we Help with Dilapidations?
At Primus Solicitors, we know exactly what to do, and we’re here to help you do it. We have a team of lawyers who specialize in dilapidations.
Where Do I Stand in Dilapidations?
This all depends on the breach and/or the nature of the repairing covenant. When you consult Primus Solicitors for advice, we will consider your case in great detail and provide clear guidance.
Do I Have to Take the Matter to Court?
This depends on the complexity of the breach and/or the nature of the repairing covenant. While litigation is always an option, we believe that it should be avoided whenever possible. Our pragmatic approach allows us to explore and exhaust other avenues – making litigation the last resort.
Costs and Pricing
When it comes to the financial aspect of our services, we understand the importance of transparency and affordability. At Primus Solicitors, we strive to provide exceptional value while keeping costs to a minimum.
From the very beginning, our dedicated team will work closely with you to discuss and determine the most suitable funding options for your specific case. We understand that each situation is unique, and we aim to tailor our approach to meet your individual needs. Rest assured that our primary goal is to alleviate as much stress and anxiety as possible.
