Dilapidations
Dilapidations concern breaches of commercial lease obligations relating to the condition, repair, decoration or reinstatement of a property. BHP provides independent dilapidations advice to landlords and tenants throughout Jersey.
What dilapidations services do we provide?
The appropriate service will depend on the lease, the property’s condition and whether advice is required during or near the end of the tenancy.
For landlords, our services may include:
For landlords, our services may include:
- Reviewing the property’s condition and relevant lease obligations
- Preparing interim or terminal Schedules of Dilapidations
- Identifying repair, redecoration and reinstatement requirements
- Preparing budget cost assessments
- Negotiating with the tenant’s or Landlord's surveyor
- Monitoring remedial works undertaken before lease expiry
For tenants, we can review a landlord’s claim, inspect the property and prepare a reasoned response. We can also advise on works that may be completed before lease expiry and assist with technical negotiations to reduce uncertainty and avoid unnecessary expenditure.
Schedules of Condition can also be prepared before a lease is entered into to record the property’s condition and, where appropriately incorporated into the lease, help define future repairing responsibilities.
Schedules of Condition can also be prepared before a lease is entered into to record the property’s condition and, where appropriately incorporated into the lease, help define future repairing responsibilities.
When should advice be obtained?
Landlords should consider dilapidations sufficiently early to allow notices, inspections and lease-end requirements to be addressed properly. Tenants may benefit from advice before signing a lease, undertaking alterations or beginning their exit planning.
Obtaining advice early can provide more time to assess liabilities, budget for works and develop an appropriate negotiation strategy.
Obtaining advice early can provide more time to assess liabilities, budget for works and develop an appropriate negotiation strategy.
What is not included?
Dilapidations liabilities depend heavily on the wording of the lease and the applicable law. Building surveyors provide technical advice but do not replace the need for legal advice from a Jersey advocate.
Intrusive investigations, specialist testing, formal valuation advice and detailed repair specifications are not included unless separately agreed. Cost assessments remain subject to access, scope, market conditions and the evidence available.
Read the RICS consumer overview of dilapidations. This guidance concerns England and Wales; Jersey-specific legal advice should be obtained.
Intrusive investigations, specialist testing, formal valuation advice and detailed repair specifications are not included unless separately agreed. Cost assessments remain subject to access, scope, market conditions and the evidence available.
Read the RICS consumer overview of dilapidations. This guidance concerns England and Wales; Jersey-specific legal advice should be obtained.
RICS Consumer Guide: Dilapidations
Why work with BHP?
- RICS Regulated Firm
- We have advised on over £365M of commercial and residential property
- Significant Jersey knowledge (as well as Guernsey, alderney and the channel islands as a whole)
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Combined team experience
- Inspections by MRICS Chartered Building Surveyors