Dobson & Poole act on behalf of both Landlords and Lessees with respect to dilapidations claims and we provide support and negotiation for commercial and residential properties. The law of dilapidations is a complex field where statute case law and professional practice are constantly evolving the way in which repairing covenants in leases are interpreted and drafted.
Failure to draft the claim or respond in accordance with the appropriate regulations and protocols can seriously prejudice the outcome, particularly with respect to apportionments of costs by the Courts.
When acting for the Landlord, we can provide preliminary advice on the likelihood of particular defects falling within the ambit of the repairing covenants in the lease, and on the likely level of any financial claim. If appropriate, we can then draft and quantify the formal Schedule of Dilapidations for service, and carry out negotiations with the Lessee with a view to achieving a settlement out of court.
When acting for the Lessee we can advise on the validity of the claim. We can then assist in challenging the claim and carrying out negotiations.
In cases when a satisfactory negotiated settlement cannot be achieved, we can act as Expert Witnesses in conjunction with Court proceedings.