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Publication Abandoned Dilapidation claims arise under leases, whether commercial or residential, where the party subject to a repairing covenant is in breach of it. Claims are often made at the expiration of a lease where the landlord requires the property to be put into a tenantable condition. The sums involved in such claims can be substantial.
Such claims will always involve a surveyor for each party and usually a solicitor too. If the claim is in dispute and sizeable, counsel will often be instructed. The reason for this is that solicitors are not comfortable with area of work; property lawyers may understand the issues of liability but may not be confident with the litigation process, and litigators vice versa.
New CPR have been introduced to modernise the procedure for such claims and the RICS is about to launch a guidance note about the impact of the CPR.