“Dilapidation” refers to a state of disrepair in a property, where there is a legal liability placing an obligation upon either a landlord or tenant to keep all or part of a property in good repair.
These legal obligations are normally contained in the Lease.
It is the surveyor’s responsibility to decide who is responsible under the terms of the Lease to carry out the repairs and whether or not a loss has occurred for which there is a remedy. This decision will be based upon the “Law of Dilapidations”, which is not a single law but an accumulation of various statutes and working practices.
Dilapidations are subject to a number of protocols, one of the most important being the “Dilapidation Protocol” Third Edition 12 May 2008, which is a Pre-Action protocol, the objectives of which are:
- To encourage the exchange of early and full information about the prospective legal claims.
- To enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings.
- To support the efficient management of proceedings where litigation cannot be avoided.
At Ellis Belk Associates we take a professional, practical and measured approach, follow the protocol rules and try to ensure our clients avoid costly litigation where possible. If you need specific advice upon Lease terms and dilapidations, as either a landlord or tenant, then contact Brian Ellis who will be pleased to advise on a course of action.