Take a Lease in Haste – Repent at Leisure

In the excitement of taking up a new tenancy of business premises, it can be easy to overlook some simple steps that can save money and argument when the landlord and tenant part company, in what are known as “dilapidation disputes”.

Before a tenant moves into any rented premises, it is prudent to take photographic records with which a proper Schedule of Condition can be prepared and agreed by both parties.  If this is not done it can lead to all sorts of argument and unnecessary cost when the tenant comes to vacate and the landlord wants the tenant to make good any disrepair or damage.  Often the tenant is so eager to get in and the landlord so eager to start receiving rent that this just seems to be an unwelcome expense and delay.

Little do the parties realise that investing a small amount of time and money in recording the state of the property at the outset of the tenancy can save thousands of pounds when it comes to an end.  This is especially so for tenants because leases, licences and other tenancy agreements usually contain clauses which require the tenant to pay to decorate and make good the premises both during and at the end of the tenancy and to pay the landlord’s legal and surveyors’ costs as well.

Dilapidations disputes often start when tenants argue the extent to which they should have to repair/restore the property and how much they should pay for this.  Such disputes can often continue after the tenant leaves and the landlord won’t let them back in to do the work, which can result in the landlord sending the disgruntled ex-tenant a very large bill to do the work and replace fittings. 
 

So how can Bell and Buxton help?

We can:-

• Advise you as a landlord or prospective tenant as to the provisions of the lease or tenancy agreement and negotiate on your behalf to get the best terms before you sign;
• Draft leases and tenancy agreements tailored to suit your needs;
• Help to find Surveyors and other experts who can assist in preparing schedules of condition or dilapidation and advise and negotiate in dilapidations disputes;
• If court proceedings are needed, we can provide legal advice and representation;
• Give timely and cost-effective legal advice on all aspects of commercial and residential property, and property litigation, including fixed fee initial interviews for new litigation matters.

If you have a question or wish to discuss our services on a “no obligation” basis please contact us on 0114 249 5969.
 

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Bell & Buxton, Solicitors
Telegraph House, High Street, Sheffield, S1 2GA

Regulated by the Solicitors Regulation Authority. Bell & Buxton is the trading name of Bell & Buxton LLP, a limited liability partnership, registered number OC322707, registered in England. A list of members is open to inspection at the above address.