David Cunningham Associates Dilapidations

Whether you are a landlord or a tenant, we can act on your behalf to ensure all issues surrounding property dilapidations are professionally managed to your advantage.

Dilapidations

Landlords and tenants alike need to protect their interests when entering into leasehold negotiations: schedules of dilapidations and schedules of condition are some of the services we are able to provide to both owners and occupiers.

Acting for a landlord, we will inspect the property and prepare a schedule of dilapidations having carefully considered the repairing clauses within the lease and relevant legislation. Where appropriate we will price the schedule and prepare a detailed claim for service on the tenant by the landlords solicitor, possibly under a section 146 notice. We will then if necessary negotiate the claim with the tenant or his professional advisor. Where the tenant is still in occupation and undertakes the work we will monitor this on behalf of the landlord ensuring that his investment is maintained. Our fees for this service are normally recoverable from the tenant under most commercial leases.

Acting for a tenant we can in advance of the service of a schedule of dilapidations by the landlord, inspect the property and having regard to the repairing clauses within the lease and relevant legislation assess the tenants liability for dilapidations and negotiate with the landlords surveyor to minimise the claim. Our fees for this service are charged on an hourly rate basis or percentage of the cost saving.

At the commencement of a lease a schedule of condition can be prepared to accurately record the current condition of the building. If mutually acceptable this could be annexed to the lease and has the effect of reducing the tenant's repairing liability.

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