My business tenant neglected the property


Right. Let’s start by taking a look at your lease. Well-written commercial leases will legally oblige the tenant to ensure their rented property is in a good state when the lease comes to an end. Depending on the particular wording used in your lease, this can even mean the tenant must leave your property in better condition than at the start of the tenancy.

If your tenant hasn’t left your property in the condition required by your lease, you can take legal action against them for the cost of setting this right. This type of legal action is called a ‘dilapidations claim’ and because we are talking about a lease that has come to an end, the damage or disrepair that we’re talking about is called 'terminal dilapidations'.

There are a number of steps potentially involved in this type of matter. Some cases are simple and speedily resolved after taking only a few of these steps. Others may require more effort if the disagreement cannot be resolved without the involvement of the court.

The best outcome is often a negotiated settlement because it avoids the costs involved in the matter going to court. You’ll want the property put into the best condition as soon as possible and we can help make that happen.

On this page we’ll show you exactly what’s involved in each stage of a typical ‘terminal dilapidations’ disagreement, how long you should expect each stage to take, and what it might cost. And if you’d like to, you can ask us to start taking care of it for you immediately.

Your next stages
  • To find out precisely what happens during each stage of the process - and for average timings and costs - click on the section below.
  • Overview
  • Stage 1 Detailed review of your situation
  • Stage 2 Taking the first steps
  • Stage 3 Starting the formal court process
  • Stage 4 Dealing with the evidence
  • Stage 5 Preparations and going to court
  • Stage 6 Closing the file