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  • Writer's pictureMichael Brough

Frozen Retail Chain Dilapidations

We were appointed by a frozen retail chain tenant to negotiate a Dilapidations claim of approximately £153,000 from the landlord.

The property comprised ground floor retail unit with ancillary storage, office and welfare accommodation to the upper floors extending to an area of c. 6,000 sq ft.

Our client had committed to a full repairing and insuring (FRI) lease renewal in 2017, which made reference to the original lease dated 1992 and there was no protection of a Photographic Schedule of Condition that would have

recorded the property in its existing state when the lease was renewed.

Having undertaken a review of the lease and an assessment of the alleged breaches, we prepared a robust ‘Scott Schedule’ response in accordance with the Dilapidations protocol and engaged with the Landlord’s surveyor.

The negotiations culminated in a ‘full and final’ financial settlement agreement of £55,000 in respect of our client’s dilapidations liabilities demonstrating a considerable saving of £98,000.

A ‘Form of Release’ was subsequently drafted and executed by the solicitors representing each party, bringing matters to a satisfying conclusion.

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