Dilapidations Solicitors

Expert legal advice for landlords and tenants on dilapidations claims across Solihull and the West Midlands

If you need legal advice on a dilapidations claim, our solicitors, who have over 40 years of experience in commercial property law, can help.

Dilapidations is the term used for a landlord's claim against a tenant for failing to comply with the repair, decoration, and reinstatement obligations in a commercial lease. At the end of a lease, landlords frequently serve a schedule of dilapidations setting out the works they say the tenant should have carried out, along with the cost of putting them right. The sums involved can be substantial.

We advise landlords and tenants across Solihull and the West Midlands on dilapidations claims. Whether you are a landlord preparing a claim at lease expiry, a tenant facing a significant schedule of dilapidations, or a party dealing with a dispute about repair obligations during the term, we can advise on your legal position and help you reach the best outcome.

We work alongside specialist surveyors who carry out the physical assessment of the property and provide the valuation evidence on which dilapidations disputes depend. Between legal advice and surveying expertise, you get the full picture before you decide how to respond.

Our Dilapidations Legal Services

We advise on all aspects of dilapidations claims and disputes, including:

● Advising tenants on their repairing obligations before taking on a commercial lease

● Preparing and agreeing schedules of condition at the start of a lease to limit future dilapidations exposure

● Advising landlords on the preparation of terminal schedules of dilapidations at or near lease expiry

● Advising tenants who have received a schedule of dilapidations on their liability and how to respond

● Advising on the statutory cap under Section 18 of the Landlord and Tenant Act 1927, which limits a landlord's recovery to the diminution in the value of the property caused by the disrepair

● Advising on the second limb of that cap, where the landlord intends to redevelop or demolish the property

● Negotiating settlements between landlords and tenants on the amount of dilapidations claims

● Advising on interim dilapidations claims served during the course of a lease

● Representing landlords and tenants in disputes where negotiation has failed

● Advising on the pre-action protocol that applies to dilapidations claims to ensure the correct process is followed

Why Choose Pearcelegal?

Dilapidations claims are often more complex than they first appear. The starting point is the lease: what does it actually require the tenant to do? Many leases impose a higher standard than the tenant expected when they took on the premises, particularly in older properties. Understanding the precise scope of the obligation is the first question in any dilapidations matter.

There is a legal limit on what a landlord can recover. Section 18(1) of the Landlord and Tenant Act 1927 limits damages to the amount by which the landlord's interest in the property has been reduced in value by the tenant's failure to repair. Where the landlord intends to redevelop or demolish the property, the claim may be reduced further or extinguished altogether. We advise tenants on these protections and ensure that any settlement reflects the real legal position rather than the landlord's opening demand.

Our Commercial Property Solicitors will give clear, honest advice on what you are genuinely liable for and pursue settlements that reflect the actual position. Dilapidations claims can be stressful, particularly for tenants dealing with the end of a tenancy and the costs of moving.

Get in Touch

We are ready to help with your dilapidations matter, whether you are a landlord with a claim or a tenant facing a schedule. Call or email us today to book your free consultation and find out what you are genuinely liable for before you respond to any claim.

Please phone 0121 270 2700 or email info@pearcelegal.co.uk

Frequently asked questions

How much does an initial consultation cost?

We offer a free initial 30-minute consultation for dilapidations matters. After that first conversation, we provide a clear fee estimate for any further work you need.

When should I take advice on dilapidations?

As early as possible. Taking advice when the lease is first negotiated allows you to limit your exposure through a schedule of conditions. Once you know the lease is coming to an end, we recommend taking advice at least twelve months before expiry to plan your response and, where appropriate, carry out works in time to prevent a larger claim.

Should I carry out the works myself rather than paying a lump sum?

A tenant can often reduce their liability by carrying out some or all of the required works before the lease ends, or by making an offer in lieu of repair at a sum that reflects the landlord's genuine loss. Whether this makes commercial sense depends on the nature and cost of the works, the landlord's plans for the property, and the strength of any available diminution argument. We will advise on the options before you commit to anything.

What is the pre-action protocol for dilapidations?

A professional pre-action protocol sets out the steps that landlords and tenants are expected to follow when dealing with dilapidations claims. It includes requirements about the timing and form of the schedule, the tenant's right to respond within a defined period, and the parties' obligations to try to agree on the issues in dispute. Following the protocol does not guarantee settlement, but failure to comply can affect the outcome if the dispute goes to court.

Can my landlord claim dilapidations if they plan to redevelop?

The landlord's claim is reduced, or may be extinguished, where they intend to demolish or structurally alter the property in a way that makes the repairs pointless. This is the second limb of the cap under Section 18 of the Landlord and Tenant Act 1927. The tenant has to establish that the landlord's intention is genuine and settled, not merely aspirational. We advise tenants on how to run this argument where it applies.

What is a schedule of conditions?

A schedule of condition is a record of the state of the property at the start of the lease, usually including photographs and a written description. If it is incorporated into the lease, your repairing obligation is limited to maintaining the property in that condition, rather than putting it into full repair. A schedule of condition is particularly valuable for tenants taking on older properties or those already showing signs of wear. We advise on its preparation and ensure it is correctly incorporated into the lease.

Is there a legal limit on what the landlord can recover?

Yes. Section 18(1) of the Landlord and Tenant Act 1927 limits a landlord's damages to the amount by which the value of the landlord's interest in the property has been reduced because of the disrepair. This is called the diminution cap. Even where the works described in the schedule would cost more to carry out, the landlord can recover only the reduction in value caused by the disrepair. Where the landlord is going to redevelop or demolish the property, the claim may be reduced further, because carrying out repairs that will simply be demolished does not represent a real loss.

What is a schedule of dilapidations?

A schedule of dilapidations is a document that sets out the specific breaches of the repairing and decorating obligations under the lease, together with a costed schedule of the works needed to remedy them. Landlords typically serve a schedule at or shortly after the end of the lease. They may also serve an interim schedule during the term if the property is being allowed to fall into disrepair. The schedule is normally prepared by a chartered surveyor acting for the landlord, and the tenant is entitled to appoint their own surveyor to review and respond to it.