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\n This cheatsheet includes practical tips to understand key clauses and avoid disputes in leasing agreements.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n Where a dispute about repairs and maintenance in a commercial lease does occur, it is essential to resolve it quickly. If you and your landlord resolve the dispute early, it will unlikely affect the lease\u2019s operation. The best way to resolve a repair and maintenance dispute is to consult the lease agreement. Upon consulting the lease agreement, you should communicate early with the other party to try and resolve the issue. However, where this does not work, your commercial lease should detail how you resolve a dispute about repair obligations.<\/p>\n\n\n\n Your lease agreement should detail how to resolve lease disputes concerning repair and maintenance obligations. Otherwise, section seven of the Code for Leasing Business Premises in England and Wales 2007 (The Code) will resolve the dispute. The Code states that if a commercial lease is silent on resolving a repairs and maintenance dispute, the tenant must return the premises in the same condition as it was at the commencement of the lease.<\/p>\n\n\n\n A commercial property will become dilapidated if regular repairs and maintenance are not performed. As the commercial tenant, you must carry out the necessary repairs and maintenance during your occupancy. Likewise, at the end of the lease, you also need to carry out any repairs and maintenance works that need to be done. You must return the property to the landlord in the original condition in which you first occupied it. <\/p>\n\n\n\n As stated, good communication between you and your landlord is pivotal. With good communication, you likely will resolve any dispute concerning dilapidations in terms of maintenance and repair to the property. Before any such communication, you should though consult the schedule of conditions in your commercial lease agreement. <\/p>\n\n\n\n Unfortunately, going to court is sometimes the only option to resolve a repair and maintenance lease dispute which concerns dilapidations. If so, a commercial landlord should follow the \u2018Dilapidations Protocol\u2019 before making a claim. This encourages Alternative Dispute Resolution (ADR) as a method to resolve the lease dispute. <\/p>\n\n\n\n The situation is slightly different if you are a party to a commercial lease agreement in Scotland. There is no similar code as there is for England and Wales, so you have to follow your lease. You would be well advised to negotiate a clause in your lease that requires you both to engage in arbitration before any litigation.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nResolving Disputes<\/h2>\n\n\n\n
Dilapidations <\/h3>\n\n\n\n
However, your lease agreement will detail your repair and maintenance responsibilities. As such, you must refer to this document to avoid a lease dispute. Notably, where your lease is silent on an issue of repair and maintenance, the onus falls on you, the tenant, to carry it out.\u00a0<\/p>\n\n\n\n
Sometimes tenants can have wide responsibilities for repairs when they have to both perform the repairs and pay for insurance costs. This is a full repairing and insuring lease (FRI). This tends to be expected nowadays for commercial leases. If a tenant does not have an FRI lease, the lease should either state that they either have to:<\/p>\n\n\n\n