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Dilapidations:

There comes a point in every lease when the subject of dilapidations raises its head.  This need not be as daunting a prospect for the tenant or lessee as it may seem, however it is one that should be approached carefully.  In general terms most institutional leases will require the lessee to return the asset to the landlord at the end of the term in the same condition as they originally took it over.

However……!

Negotiation is the key.  In general terms the landlord is looking to make sure that their asset has not been adversely affected by the tenant’s occupation.  Now, being good lease abiding tenants, all clauses in the lease relating to refurbishment and alterations will have been abided by.  These usually form a requirement for redecoration on a periodic basis in longer leases and for any alterations, upgrades or refurbishments requiring approval from the landlord before proceeding.  Therefore, the landlord will know what general condition the asset will be in and, with regard to tenant upgrades and refurbishment, these will have been undertaken up to the latest regulations, so will, potentially be seen by the landlord as improvements.

If you are intending to exercise a break in the lease, your lease will determine the notice period to give, if the lease is terminating then the date will be well known. These are the ideal timeframes to commence discussion with the landlord with regard to dilapidations.  Each landlord will be different as will each situation.  Remain open to suggestion and do your best to limit your liability.

James Alexander Consultants are expert in assessing your portfolio and, with you, determining a strategy to develop the correct balance of assets, their relevance and performance for you.  We develop, plan and implement the strategy, leaving you to focus on core activity and opportunity.

eMail us on innovation@jaltd.co.uk or see our contact page for our numbers.  We look forward to speaking with you.