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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I vacated industrial unit at end of term in May2013 The landlord

Resolved Question:

I vacated industrial unit at end of term in May2013
The landlord has raised a schedule of dilapidations dated 15th March and claiming £8,5000 for repairs Is there a time limit for this
Many thanks
Eddie
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What did your agreement say about this if anything please?
Customer:

There is no set period for schedule of Dilapidations to be raised

Customer:

There is no set period for schedule of dilapidations to be raised

Alex Watts : Ok.
Alex Watts : Its good and bad news.
Alex Watts : The bad news is that if this is a breach of contract the landlord has 6 years to bring a claim. This is as per the limitation act 1980
Alex Watts : The good news is that you could argue that it's taken so long to bring this claim they can't possible prove you caused the dilapidations.
Alex Watts : If there was a surveyor report straight after you moved out, that would be another matter.
Alex Watts : But simply waiting almost a year and bringing it up now, what's to say the damage has not occurred in the meantime?
Alex Watts : Therefore whilst it is 6 year claim time, the longer it is the harder it is to prove.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I think I will need the services of a solicitor would you be willing to represent me?

Alex Watts : Only if proceedings are issued,
Alex Watts : If the claim for damages is £10,000 or less it will be a small claim and you can represent yourself.
Alex Watts : Over £10,000 then you will need a solicitor.
Customer:

I don't think I would have the confidence to represent myself in court as I have no experience I would need a little time to gather agreement and correspondence Once you had all the details you might be able to avoid it going to court If you do not want to get involved perhaps you could recommend someone that could Many thanks Eddie

Alex Watts : Sadly it's not that I don't want to get involved and represent you, site rules prevent from doIng so.
Alex Watts : The same with recommending anyone, all I can do is direct you to the law society website
Alex Watts : http://solicitors.lawsociety.org.uk/
Customer:

I am sorry the rules will not allow you to represent me unless proceedings are issued my usual solicitor is in the same practice as the landlords solicitor so he is unable to assist either

Customer:

I thank you for the assistance you have given me

Customer:

Regards

Customer:

Eddie

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