Commercial Landlord and Tenant

Save for the usual estate management, we can deal with granting and taking on leases. We can assist in preparing bespoke documents for your estate as a landlord and advise accordingly on terms as a tenant. Most importantly, we strongly recommend that you obtain our advice at the heads of terms stage to clarify terms; otherwise this can cause delays.

Resolving an issue between a Landlord and a Tenant is usually about securing the best deal. This often involves negotiating and sometimes compromising. Whether you are a Landlord or a Tenant, the key is to first know when the law is on your side so that you can make informed decisions as well as keeping timescales short and costs minimal.  We specialise in all areas of Landlord and Tenant Law and taking advice quickly places you in a good position to secure the best deal for you.

Delaying will give your opponent the opportunity to be one step ahead.

Commercial Landlord and Tenant

FAQs

What can be done at the beginning or part way through the lease?

A Schedule of Condition, recording the state of repair should always be prepared prior to lease commencement. This protects both the landlord and the tenant.

 

If at any point from the beginning of the lease up to 18 months before the end of the lease, a tenant is not fulfilling their obligations under repair and redecoration clauses, it is strongly advisable to serve a formal notice on the tenant. This notice is in the form of an interim schedule of dilapidations.

 

The intention of an interim schedule is for the tenant to rectify issues highlighted in the schedule. For this reason, it does not usually include the cost of the repairs.

What can be done towards the end of the lease?

Interim schedules are not served in the final 18 months of a lease. At this point, a terminal schedule of dilapidations should be served. They should address the alleged breaches of the lease and the remedies required. A terminal schedule will usually include the costs but this is not always the case.

What can be done after the lease ends?

A final schedule of dilapidations can be served after the lease has ended. They should address the alleged breaches and the remedies requires, together with the costs.

How long does a landlord have to make a dilapidation claim?

A landlord can bring a claim in the courts for damages up to six years after the end of the lease. However, the amount of damages recoverable can reduce as time passes. From a landlord’s perspective, it is important to deal with dilapidations early and before the end of the lease wherever possible.

How much can a landlord recover in a dilapidation claim?

Dilapidation claims are intended to restore the landlord to the position they would have been in, had the tenant fulfilled their obligations. All remedial work must be reasonable and there are limits on the amount that a landlord can claim from a tenant.

 

The value of the property in its present state must be compared with the value of the property if the repairs are carried out. The difference between the two is the maximum claim that the landlord can make against the tenant, even if the cost of the repairs is more than this.

 

The landlord’s intentions are also relevant. For example, if the property is to be redeveloped this may impact significantly on the amount of damages that can be recovered.

 

There are options at each stage of the lease but whether they are open to you will often depend on the lease itself and specialist advice should be obtained from a solicitor specialising in dilapidation claims.

Why choose Waldrons?

Niche Option/Overage Agreements is a niche sector that we have fine tuned to give sound legal advice protecting your business interest.
Flexibility We are flexible with our approach and appreciate that you are busy. Any meetings can be held via Teams or at any one of our offices.
Expertise Our lawyers have experience within Tier 1 law firms internationally and nationwide. Instructed on transactions from a peppercorn up to £1 billion pounds.
Costs We will always provide you with a fee estimate. If there is any additional work, instructions change or the matter becomes protracted then; we will inform you of any uplift.
Established We have over 150 years’ experience in providing specialist legal advice representing individuals.
Commercial Landlord and Tenant

Accreditations and Affiliations

Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.

Commercial Landlord and Tenant

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