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Schedules of Dilapidations | Dilapidations Strategic Advice | Dilapidations Assessment Reports | Dilapidations Maintenance Plans | Dilapidations 'Self-Help' Enforcement Works | Dilapidations Damages Claims | Dilapidations Dispute Resolution | Dilapidations Consultancy
Schedules of Dilapidations | Dilapidations Strategic Advice | Dilapidations Assessment Reports | Dilapidations Maintenance Plans | Dilapidations 'Self-Help' Enforcement Works | Dilapidations Damages Claims | Dilapidations Dispute Resolution | Dilapidations Consultancy
Dilapidations 'Self-Help' Enforcement Works
Many Landlords are unaware that if they leave the enforcement of dilapidations until after the tenancy has terminated, then their claim upon the Tenant will be limited to a damages claim and the amount of damages recoverable from the Tenant may be restricted or “capped” by both statute and common law principles of loss.
As an alternative remedy during the lease term, most Landlords will have the ability to implement a “self-help” remedy. A self-help remedy will normally entail the preparation and service of a Schedule of Dilapidations on the Tenant under a suitable Notice to Repair requiring the Tenant to undertake the dilapidations remedial works within a defined time frame. Where the Tenant fails to comply with the Notice to Repair, then typically the Landlord will have a right to enter onto the property with contractors, to undertake the Tenants Notice to Repair works and to recover the costs from the Tenant as a commercial debt on an indemnity basis. Such self-help action is not currently restricted to any “caps” imposed by a statute or common law on contractual damages claims. Because of the financial advantages to the Landlords from “self-help” action, Barker Associates are regularly retained by Landlords to implement self-help remedies.
