Dilapidations- advice on shop lease

[Orangeblossom7777]

Hi I am asking as we are trying to help deal with elderly relatives who are dealing with serious illness and coming to the end of a commercial lease. It seems they may have a bill for dilapidations on a very old building rented from the council, but at the same time are not in a position to have time to prepare things due to end of the lease coming up and family illness

What are their rights in terms of would the council claim this money back form them / could they claim against their home? Very difficult and sensitive situation. Thanks for any advice

You absolutely do need professional people on this. (I had a lease with dilapidations in the past, though fortunately for me the new freeholder redeveloped the building so all leases expired.)

So the council has done a schedule of dilaps. It is high. You then need to get your own schedule done with a professional dilaps surveyor and solicitor. Somewhere in the middle two parties will meet, though there is a threshold/cap as FAQs has said. You need the professionals who know what they are doing as there are always dilapidations in a commercial lease.

Unfortunately, often the schedule doesn't take into account the condition of the property when the tenant (your relative) took on the property and the Council could well now want it in an even better condition ready for the next tenant. It's all down to the wording of the lease.

My solicitor stressed and stressed this over and over every time my lease was being extended and a new lease agreed. He constantly reminded me I was entering into a legal process and the wording of the lease was paramount as regards to the dilaps.