Early planning can achieve significant benefits for both Landlords & Tenants:
Dilapidations is littered with case law, legislation, and protocols. This can be a daunting prospect for Landlords and Tenants, with financial consequences for the unwary. Our role is to assess the Lease conditions, identify breaches in Lease clauses that relate to the condition of a property and set out the necessary works and associated remedial costs. We often work in conjunction with a client’s property solicitor.
Daniel Leaf – Director
Our experience demonstrates time and time again why it is so important to consider dilapidations at an early stage in the Lease process; to develop a strategic approach to suit the requirements of a client’s business. The Civil Procedure Rules also govern the way Dilapidations claims are handled within the ‘Dilapidations Protocol’, particularly concerning timescales, so a surveyor should be engaged with plenty of time to follow the prescribed process.
It is vital to fully understand the Lease and to have an RICS Building Surveyor prepare a Schedule of Condition to assess and protect both the Landlord and Tenant when it comes to a Dilapidations claim.
The timely settlement of a Dilapidations claim ahead of Lease expiry is advantageous to both Landlord and Tenant and can avoid a protracted legal dispute beyond the lease end. An early settlement provides adequate time for both Landlord and Tenant to agree the basis of the Dilapidations claim, deal with negotiations and complete agreed works.
When appropriate we recommend instructing periodic inspections to assess any work that has been carried out, including Planned Maintenance. This provides assurances to both Landlord and Tenant that the property is being maintained in accordance with the covenants of the Lease.