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Dilapidations

Dilapidations can be costly for landlords and tenants alike. We take a highly strategic approach to dilapidations claims, helping you resolve disputes in a timely and professional manner – most often without recourse to litigation or trial.

Key Contacts

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Warren Reid

Warren Reid

Partner

Michael Tatters

Michael Tatters

Partner

Clarity and Resolution

In complex property disputes it is important you receive clear guidance; we help you understand the implications and obligations associated with dilapidations. If you are a landlord or property surveyor, we will work with you to maximise and preserve your claim. If you are a tenant, we will provide expert guidance on managing and minimising your liabilities.

Whichever side of the dispute you are on, we will protect your interests by listening carefully and drawing on our team’s extensive knowledge and skills. Our commercially-focused, pragmatic advice is designed to help all parties reach an early resolution.

We have resolved countless dilapidation cases, developing expertise in arbitration and mediation for corporate tenants, businesses and non-fund private investor landlords.

We work to protect you from financial and reputational damage by reaching pre-litigation agreements. And if cases do go to trial, we have an excellent track record in achieving favourable outcomes for clients through consistent, expert support and guidance.

Highlights

Our Property Litigation Team has been involved in a number of high-profile dilapidations claims and cases. Highlights include:

  • advising a major charity on their £70m occupational and investment property portfolio, including: interim and terminal dilapidation claims; tenant insolvency and guarantor liability; strategic advice on asset disposals in the context of dilapidations; and costs recoveries
  • acting for the Chartered Institute of Management Accountants in relation to the 2015 relocation of their worldwide HQ in London, including strategic dilapidations advice
  • advising a national energy supply company on their national portfolio, including a £2m+ dilapidations claim, involving complete Section 18(1) Landlord & Tenant Act 1927 issues

Expertise

In addition to interim and terminal claims, our dilapidation specialists also deal with:

  • access to carry out repairs
  • advising on the interpretation of yielding up, decoration and reinstatement covenants within leases
  • advice on liability in the context of supporting or defending personal injury claims
  • Authorised guarantee agreements and former tenant liability
  • betterment and improvements
  • concrete
  • costs recovery
  • damages, and the quantum of liability
  • diminution in value/Section 18 defences
  • exploratory and investigatory works
  • expert building surveying and Section 18(1) valuation evidence
  • exit strategies and tactics
  • fixtures and fittings
  • forfeiture and relief from forfeiture
  • interim Notices to Repair
  • landlord’s remedies
  • leasehold Property (Repairs) Act 1938
  • Office, retail, industrial and leisure premises
  • reinstatement
  • Residential dilapidations
  • roofs and cladding
  • steel frames
  • tenant and guarantor liability
  • terminal dilapidation claims
  • walls and windows

CIMA undertook a tendering process for the property litigation services to support its relocation. It chose to instruct the Thrings Property Litigation Team on the basis of its achievements in this field, the strength of its team, and the clarity of its response identifying the requirements for achieving a successful outcome to a complex set of negotiations. We are pleased to confirm that the Thrings Property Litigation Team has exceeded our expectations in its delivery of a successful outcome.

John Windle, Chief Financial and Operating Officer, Chartered Institute of Management Accountants

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