Dilapidations and Property Damage

Dilapidations and property damage disputes are some of the most contentious and costly issues in commercial leasing. Whether you are a landlord seeking compensation for disrepair at the end of a tenancy, or a tenant facing a claim that may seem exaggerated or unjustified, understanding your legal rights and obligations is critical. At Stretton Solicitors, we provide strategic, practical advice on all aspects of dilapidations — from pre-lease planning and interim schedules to terminal claims and court proceedings. We help landlords enforce their rights effectively and assist tenants in defending or minimising claims based on clear legal reasoning and evidence.

The obligations under a commercial lease are often complex and heavily negotiated, especially regarding the tenant’s duty to repair, decorate, and return the property in a certain condition. Landlords may serve a schedule of dilapidations outlining breaches and the remedial costs involved, which can sometimes lead to significant financial claims. These claims must be properly assessed in light of the lease terms, the state of the property at lease commencement, and statutory limitations under the Landlord and Tenant Act 1927 and the Dilapidations Protocol. Our solicitors are well-versed in scrutinising these claims, helping to ensure they are accurate, proportionate, and legally enforceable.

For tenants, receiving a dilapidations claim can be overwhelming — especially if the figures seem inflated or if there’s a dispute over whether works were truly necessary. In many cases, tenants have strong grounds to challenge the scope, cost, or timing of the proposed repairs. At Stretton Solicitors, we help tenants review their liabilities and respond to claims with confidence. We assess the validity of the landlord’s schedule, instruct independent surveyors where needed, and negotiate to reduce or fairly settle the claim. Early legal advice can prevent costly outcomes and preserve vital commercial relationships.

For landlords, enforcing repair obligations and recovering losses caused by tenant neglect is vital to protecting your property investment. However, legal requirements must be carefully followed — particularly when making a terminal dilapidations claim. We help landlords draft compliant schedules of dilapidations, assess the appropriate measure of loss, and engage in early negotiation to resolve disputes efficiently. Where necessary, we represent clients in litigation to recover damages, ensuring the claim is robust and supported by evidence. Our goal is always to achieve a fair outcome with minimal disruption to your commercial interests.

Dilapidations disputes don’t always arise at lease end. Interim issues — such as unauthorised alterations, failure to maintain common parts, or property damage from tenant misuse — can give rise to immediate action. Whether you need to serve a notice of repair or respond to one, our team provides practical legal support to manage the dispute early and avoid escalation. We work alongside surveyors, building consultants, and property managers to coordinate a seamless approach that protects your position while seeking a cost-effective resolution.

Whether you’re a landlord seeking to recover losses or a tenant disputing an unjustified claim, Stretton Solicitors offers clear, strategic legal advice that puts your best interests first. With in-depth experience in dilapidations and commercial property disputes, we’ll help you navigate the legal process with confidence and clarity. Contact us today for a consultation and protect your position in any dilapidations or property damage dispute.