The amount of repairs that can be required to commercial premises, whether it be an office, restaurant, industrial unit, or anything between, can be surprising. While commercial landlords and tenants often expect to have to deal with this at the end of a lease, it is also possible for commercial landlords to insist upon repairs during the course of the commercial lease. This can be a valuable tool for commercial landlords in maintaining the value of their building, and should not cause difficulties for a commercial tenant that understands its responsibilities under the commercial lease.
Terminal schedules of dilapidations can easily run into the hundreds of thousands of pounds (if not significantly more). If you are a commercial tenant about to sign up to a commercial lease, speak to our commercial property solicitors to ensure that your position is protected as best it can be under the lease.
If, however, a dispute has arisen, our dispute resolution solicitors have a great deal of experience in advising commercial landlords and commercial tenants on their rights and obligations under a commercial lease as regard repairs. We have an in-depth knowledge of the relevant law (for instance, the modern law of “payment clauses”: @SIPP Pension Trustees v Insight Travel Services Limited 2016 SC 243, or the approach that courts may take to service charges, which touch on repairs: Scottish Mutual Assurance v Jardine Public Relations  All ER 305). We combine this with clear and practical advice on the best way to resolve your situation. Given that we advise both commercial landlords and commercial tenants, we understand how the “other side” will approach a dispute.
We are also experienced in working closely with other experts, such as surveyors, to prepare schedules of dilapidations/counter schedules. Our advice could help you to maximise recovery if you are a commercial landlord, or save you a considerable amount of money if you are a commercial tenant.