Landlord and Tenant

Dilapidation | Lease Renewals and Rent Reviews | Lease Plans

Leasehold Reform and Enfranchisement | Licences for Alteration

Dilapidations cause much contention between landlords and tenants of commercial properties. Landlords seek to protect their interest and value in a property while tenants look to mitigate their expense. Often there is a fine balance between a legitimate claim and a reasonable settlement that avoids the need for confrontation and litigation. Assessing dilapidations is a complex matter and there is considerable case law with a number of notable cases, each providing guidance on the extent to which a repair or claim may be considered to be legitimate.

The amount of damages at the end of a lease for non-compliance can be substantial and careful consideration is required in both preparing and receiving a schedule of dilapidations. Correct presentation of the schedule and understanding of the tenant's obligations is crucial to a successful outcome.

There are many issues to consider in any claim, in particular, the limit placed by Statute on the quantum of damages available at the end of a lease. Lawrence-Vacher have considerable experience in both preparing and defending interim or terminal dilapidation claims and if necessary before the Courts.

We also prepare valuations of diminution in value in accordance with S18(1) of the Landlord and Tenant Act 1927.

Rent reviews, which are provided for in business leases to adjust the rent to current market levels at periodic intervals, and renewing a lease at the end of the term can prove to be complicated and time consuming processes. In each case disagreement between a landlord and tenant on the level of rent is almost inevitable and compliance with legal requirements, for example, in the timing and serving of a statutory notice at the end of a lease, can prove crucial. An understanding of the legal process, lease covenants and prevailing market conditions is a prerequisite to achieving a favourable outcome and it is essential that professional advice is sought at an early stage.

Lawrence Vacher act for both landlords and tenants. We provide advice and rental valuations on most types of commercial property, following an inspection and measured survey of the premises and perusal of relevant legal documents and having regard to legislation and contractual agreements, and undertake negotiations to agree the revised level of rent on your behalf.

Where a negotiated settlement cannot be reached we are able to prepare an Expert Witness report to present before an Independent Expert or Arbitrator or, if appropriate, before the County Court. By agreement between the parties lease renewals before the County Court can be dispensed with and instead dealt with by way of Professional Arbitration on Court Terms (PACT), saving time and money. Whether you require just initial advice, a valuation or to appoint us to act on your behalf in negotiations, you will find us responsive and decisive.

Property leases should be accompanied by plans to identify the demised premises. Lawrence-Vacher can undertake a measured survey of building or land and prepare plans for incorporation into the lease by your solicitor.

From initial discussions and advice to statutory valuations and negotiations, Lawrence-Vacher can steer you through the various procedures involved in the acquisition or disposal of residential freehold interests.

We provide advice and valuations and undertake negotiations to acquire or grant a new long lease in accordance with leasehold legislation. We can act individually or collectively when advising leaseholders.

We will liaise with solicitors on the serving of statutory and counter-notices. Where a negotiated settlement cannot be reached, we are able to attend a Leasehold Valuation Tribunal as Expert Witness.

Whether you need initial advice on the procedures to be adopted or a valuation to determine the appropriate premium, we shall be pleased to discuss your requirements with you without obligation.

Most leases require the lessee to obtain a licence to alter from the landlord before altering or extending their property.

Lawrence-Vacher can act on behalf of lessees by preparing plans of proposed building work and in negotiating with the landlord to obtain consent.

We can also act on behalf of landlords by examining plans and specifications submitted by a lessee and approving the proposals under the terms of the lease when satisfied that they are adequate.