Cannot-afford-business-dilapidations-bill-after-lease-ended

Finding yourself unable to afford the business dilapidations bill after your lease ends can be a daunting and stressful situation. Facing financial constraints can leave you feeling overwhelmed and uncertain about what’s next if you cannot afford business dilapidations bill after lease ended.

But fear not, there are options available to help you manage the situation and keep your business on track. For instance, consider negotiating with your landlord for revised payment terms or explore alternative financial arrangements. These proactive steps can provide breathing room and explore the path towards your financial stability. 

For comprehensive guidance on navigating business dilapidations and managing financial challenges post-lease, consult our detailed guide. Also, for personalized advice and a helping hand, we’ll disclose how Vanguard Insolvency can help you there. 


What Are The Business Dilapidations At The End of a Lease?

Business dilapidations refer to the condition of a commercial property at the end of a lease, specifically focusing on the tenant’s responsibility to return it in a state agreed upon within the lease agreement. It’s essentially the “wear and tear” scenario but with a business twist.

Think of it like you have a property that was in good condition when you moved in. Dilapidations deal with any damage that goes beyond the expected wear and tear that occurs simply through normal use. This could include things like:

  • Accidental damage: A leaky faucet you didn’t fix promptly, a cracked floor tile from a dropped box, or minor paint scuffs.
  • Neglect-related damage: Failing to maintain the property as outlined in the lease, leading to issues like clogged drains, malfunctioning electrical outlets, or a neglected roof allowing leaks.
  • Alterations gone wrong: Did you install shelves that ripped out wall sections? Did your plumbing modification cause a leak? These alterations and any resulting damage could fall under dilapidations.

Anyway, when your lease ends, the landlord will typically have a surveyor inspect the property. This surveyor will create a “Schedule of Dilapidations” which outlines the specific repairs deemed necessary to bring the property back to the agreed-upon condition. This schedule will also often include cost estimates for each repair.

But it’s important to note:

  • Not all wear and tear is considered dilapidations. The specific repairs will depend on the wording of your lease agreement.
  • You have the right to dispute the dilapidations claim, especially if you believe the damage existed before your tenancy or the repair costs are unreasonable.


What Should I Do If I Cannot Afford Your Business Dilapidations After the Lease Has Ended?

Disputing a dilapidations claim can be a daunting task, especially if the final bill lands far beyond what you anticipated. But before you throw in the towel, there are options available to help you manage the cost and keep your business afloat. Let’s explore some solutions:

1. Alternative Finance:

This option involves seeking additional funding specifically to cover the dilapidations bill. Here are some possibilities:

  • Short-term loan: A short-term loan can provide a quick cash solution to settle the bill immediately. However, be mindful of the interest rates, as they can be high. This solution might be suitable if the amount is relatively small and you’re confident you can repay it quickly.
  • Asset finance: If you own business assets like equipment or vehicles, you might be able to secure a loan against their value. This frees up cash to pay the dilapidations bill, but remember you’re putting your assets at risk if you can’t keep up with repayments.
  • Invoice finance: This involves selling your outstanding invoices to a finance company at a discount. You receive the cash upfront, which can help pay the dilapidations bill, but you’ll eventually receive less money for each invoice sold. Consider this option if you have a steady stream of invoices coming in from reliable customers.

2. Consider a Company Voluntary Arrangement (CVA):

Consider initiating a Company Voluntary Arrangement (CVA) as a means to restructure your business’s debts and repay creditors over a fixed period. A CVA enables you to negotiate revised payment terms with your creditors, potentially reducing the amount owed and extending the repayment period. 

This arrangement provides breathing space for your business to continue operating while addressing its financial obligations. However, it requires the approval of at least 75% of your creditors by value to proceed. Engage with a qualified insolvency practitioner to guide you through the CVA process and ensure compliance with legal requirements.

3. Creditors’ Voluntary Liquidation (CVL):

If your business is unable to recover from its financial distress, initiating a Creditors’ Voluntary Liquidation (CVL) may be the most viable option. 

A CVL involves the orderly winding-up of your company’s affairs, overseen by a licensed insolvency practitioner. This process entails selling off the company’s assets to repay creditors and ultimately dissolving the business. While it marks the end of your entrepreneurial endeavour, a CVL provides closure and allows you to fulfill your obligations to creditors in a structured manner. 

Important Note: Remember, these are just some of the options available. The best course of action for you will depend on your specific circumstances, the size of the dilapidations bill, and the overall financial health of your business.

Consulting with a qualified insolvency practitioner can help you explore all the possibilities and find the most suitable solution for your situation.


How to reduce the cost of dilapidation repairs?

Keeping the cost of dilapidations repairs down is all about being proactive and understanding your obligations. Here are some ways you can potentially reduce the final bill:

1. Understand your lease: 

First things first, thoroughly understand the repair clauses in your lease agreement. This clarifies what you’re responsible for regarding wear and tear. Look for terms like “fair wear and tear excepted” or specific clauses outlining what repairs fall under your obligation.

2. Schedule of Conditions:

When you first move into the property, have a detailed “Schedule of Conditions” created with the landlord. This document should include photos and descriptions of the property’s condition at the start of your lease. This will be crucial evidence later if there are disputes about pre-existing damage.

3. Regular maintenance: 

Throughout your tenancy, perform regular maintenance on the property as outlined in the lease. This might involve things like fixing leaky faucets, replacing worn-out lightbulbs, and keeping the place clean. Addressing minor issues promptly can prevent them from escalating into bigger, more expensive repairs later.

4. Open communication: 

Maintain open communication with your landlord throughout your tenancy. If you notice any damage that might fall under your responsibility, discuss it with them and get quotes for repairs. Early action can often save money compared to waiting until the lease ends.

5. Negotiate the dilapidations claim: 

Once you receive the dilapidations claim from the landlord’s surveyor, don’t be afraid to negotiate. You can potentially challenge unreasonable repair costs or dispute repairs that go beyond fair wear and tear. Having a qualified dilapidations surveyor on your side can be invaluable during this process.

6. DIY (carefully): 

If you’re handy and comfortable with DIY repairs, consider fixing minor issues yourself, providing they fall within your lease obligations. This can be a cost-effective way to address some dilapidations points. However, be cautious not to undertake any work that could cause further damage or exceed your capabilities.

By following these tips, you can increase your chances of minimizing the cost of dilapidations repairs and avoid a nasty surprise at the end of your lease.


Seek professional dilapidations and insolvency advice!

If you’re feeling overwhelmed by the complexities of dilapidations and insolvency, don’t hesitate to seek professional guidance. Vanguard Insolvency specializes in navigating these challenging situations and can offer you the expert assistance you need. 

Reach out to them at 0121 769 1915 for personalized advice tailored to your specific circumstances. Their experienced team will provide clarity and support as you navigate through these difficulti

David Jackson MD
Senior Partner at Vanguard Insolvency Practitioners | Website

I am an insolvency professional with a distinguished career specialising in commercial insolvency, adeptly navigating Creditors Voluntary Liquidation, Company Voluntary Arrangements, and Company Administrations. With a comprehensive understanding of insolvency laws and an unwavering commitment to ethical practices.