Skip to main content

Insight article

June 7, 2019

Lease renewals where there’s disrepair

Landlords beware!

You’re a landlord, and having agreed to a lease renewal with your tenant, you’re obviously keen to get that in place ASAP. But before you rush ahead, have you considered dilapidations and the reinstatement of alterations?

It is critical to consider how to carry forward any outstanding dilapidation liability to a renewal lease. The best way is to agree on a dilapidations schedule and attach it to the renewal lease. The schedule should be unpriced, just listing the breaches and remedies required, because costs will change during the renewal lease term, and it avoids having an argument about costs at this stage. However, agreeing on such a schedule may still be contentious and could take some time.

It is likely to make more commercial sense to get the renewal lease and any increased rent in place, with the question of dilapidations being postponed to the expiry of the renewal lease. This can be achieved by including appropriate wording in the renewal lease.

The other key point to consider is that any alterations carried out under the previous lease will, on the grant of the renewal lease, form part of the premises. This means that at the expiry of the renewal lease, the landlord may not then be able to require the tenant to reinstate those alterations. It may also be problematic for tenants because those works could then be rentalised on any rent review under the renewal lease. Again, this is something that can be addressed in the wording of the renewal lease.

Dilapidations and reinstatement can amount to vast amounts of money and should always be properly considered with professional advice.

If you have a lease renewal coming up or any queries regarding dilapidations, call John Gillette today to discuss your options.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more

What they say...

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

  • Pal Peshikaj, December 2024
    “Compare Ben Marks and Martin Alfreds with MJ and Pippen – the conveyancers dream team. Both Ben and Martin were amazing in assisting us with the completion of our first purchase. Martin was always accessible, understanding and prompt whe

Read more
Send this to a friend