On matter of Terminal Dilapidations Claim ( Landlord’s handy cash injection). Avoiding Dilapidations Claim

Reviewed an overstated Landlord’s claim today for terminal dilapidations (wants of repair and decoration) at end of commercial lease on industrial premises. My client ,the former tenant, is naturally worried by the staggering amount claimed. ( A third the capital value of the premises)

Moral of tale 

1.Take professional advice from experienced Building Surveyor before Lease on the condition of premises and  by commissioning and attaching a schedule of condition  to the Lease. 

Limit liability to yield up  the premises in no better or worse condition than evidenced by the Schedule

Too late you didn’t do this?

2. Put your house ( or rather the premises ) in order whilest you are still in occupation. Listen to your Surveyor and act on his advice with regard to reducing your potential exposure to eye watering claim

Too late you didn’t do this?

3. Come and see me and I will see what I can do to reduce the scope and amount of claim ,but be prepared to contribute to your former landlord’s bank balance to greater extent than would have been necessary.

Next time do not be a fool and blind to your potential liabilities.

Obtain the best solicitor’s and surveyor’s advice and guidance you can afford before signing that Lease.

I think in the current case I can help and negotiate the claim down. There are certainly some aspects of the claim not covered by the lease covenants and others are clearly overstated and exaggerated.

WOW( words of wisdom)

As you know prevention is always better than a cure.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s