Compass were instructed to prepare a Schedule of Dilapidations for the landlord on this former bank property in Sheffield, ahead of a potential lease surrender. The inspection revealed several significant defects such as roof leaks, wet rot decay and dampness etc forming a breach of the tenant’s repairing covenants. Our task was further complicated by the specific exclusions in the Lease relating to reinstatement of alterations and fixtures demised through a previous Lease.

Thought was given to the practicalities of undertaking the repair works owing to the hazards of the site location; the property elevations supporting cables of the Sheffield tram network and its position adjacent to a river. We prepared a detailed Schedule to form the dilapidations claim, which included provision for bespoke access solutions. Our Schedule also considered Section 18 and the fact that the breaches of covenant had resulted in a substantial diminution in value.

After the Schedule was served, Compass negotiated the claim on behalf of the Landlord. We were able to substantiate the claim through our knowledge of the ‘Dilapidations Protocol’ and relevant case law. Despite the client receiving poor advice from another party that there may not be a claim to answer, we achieved a favourable settlement exceeding expectations. Ultimately, the Landlord recovered their costs many times over after involving Compass from the outset.