business clients

Renewing/terminating leases and Schedules of Dilapidations

Our Property, Commercial and Litigation teams often work closely when acting for commercial Landlords and Tenants alike.

Whether you are simply looking to negotiate and renew a business lease possibly with the aide of a Court application; or simply bring a Lease to an end, you need look no further.

Our teams work together so that you have the benefit of non-contentious drafting coupled with the security of our litigators taking action to protect you where necessary.

We often become involved in representing clients on Schedules of Dilapidations. There is a continual debate whether these Schedules should be left in the hands of Surveyors to negotiate terms, or whether solicitors should be involved. We are very clear in our opinion. Both should be involved together (possibly) with a valuer.

It is for a Surveyor to prepare the Interim or Terminal Schedule of Dilapidations. However, it is then for a lawyer to advise on the scope of the responsibilities under the lease and having regard to the caps placed on claims by statute and the lease itself, advise the client (whether Landlord or Tenant) the extent of their liability or claim. It is often the case that a valuer as well as a surveyor is required in order to provide opinion on the reversionary expectant of the property with/without dilapidations so that any diminution can be identified. This then gives the lawyer all the information necessary (when coupled with that from the client), to set out the case to the other side and engage in negotiations.

Although Court proceedings are a possibility and are often required in order to assert pressure, the majority of these disputes can be resolved through negotiating and a settlement meeting if necessary. For tenants we look at achieving an exit with the lowest value expenditure on dilapidations possible; whilst for Landlords, we work in the opposite direction and seek to achieve full cover for the dilapidations that you have to face at the end of the term.

Both lease renewals and schedule of dilapidations (in particular) are complex areas. Allow our expert lawyers to take you confidently through the process.