JS Surveying and Design Ltd has vast experience in dealing with dilapidation scheduling and serving final, terminal and interim schedule of dilapidations. All dilapidation matters are dealt with under the Civil Procedure Protocols. We can act on behalf a landlord in order to prepare a dilapidations claim at the end of a lease term or alternatively help fight a dilapidations claim on behalf of a tenant.
Dilapidations – Landlord
From a Landlords perspective, JS Surveying and Design Ltd will deal with the preparation and serving of dilapidation schedule with the up most professionalism.
Lease clauses will be carefully examined and assessed prior to any inspection, and the appointed surveyor will seek to obtain all necessary information, including any license agreements, lease plans and schedule of conditions. Your chosen legal advisor will also be consulted on if any of the repair obligation clauses are weak.
Dilapidations – Tenant
From a Tenants perspective, JS Surveying and Design Ltd will Endeavour to reduce the dilapidations claim to its minimum level, in line with the new CPR rules.
We will explore any relief from the claim by way of Section 18(1) of the Landlord and Tenant Act 1927. Upon receipt of confirmed instructions, we will check whether the scope of the schedule of dilapidations is accurate, whether the standards of repair required by the schedule is justified and finally, how and when any repairs should be conducted or whether negotiation of a financial settlement in lieu of damages would be preferable.
It is vital for landlord’s and tenant’s to be aware of their responsibilities and liabilities in respect of dilapidations. The law concerning dilapidations becomes more and more complicated and the effect on the bottom line can be serious.
JS Surveying and Design Ltd have considerable experience in working with both landlords and tenants and arriving at fair and equitable settlements on dilapidations claims.
We have experience as expert witnesses in such matters either jointly or for respective clients, senior staff have appeared in Court on various occasions. With any dilapidations matter it is essential to identify the appropriate strategy from the outset in an attempt to retain control of the negotiations process.
We can provide dilapidations advice to both landlords and tenants, giving long term strategic aims, preparing and responding to schedules on both an interim and terminal basis, and providing expert witness advice in the event of litigation.
Dilapidations are an important element of good estate management for all commercial landlords. Equally, all commercial tenants should be aware of the potential liabilities that a lease can contain.
Schedules of Condition and Schedules of Defects are commonly used in a number of differing circumstances and our schedules are set out in an easily comprehendible format, accompanied by photographs and drawings where appropriate.
Schedules of Condition are often utilised prior to entering into a lease agreement, as part of an Award document made under the provisions of the Party Wall etc Act 1996 and prior to the carrying out the building work to leased premises. Schedules of Defects are a more focused type of report often used prior to the commencement of major building work which may cause damage to neighbouring properties and structures.
Prior to lease agreement
Schedules of Condition can be produced for the purposes of providing a record of the condition of premises which are to be leased. Providing the Schedule of Condition forms part of the lease agreement, it can provide protection for the prospective tenant at the end of the lease term, in limiting the landlord’s ability to claim repair works under a Schedule of Dilapidations and Wants of Repair.
Under the provisions of the Party Wall etc Act 1996
There is a requirement for a Schedule of Condition to be taken of adjoining premises as a precursor to proposed building work under the provisions of the Party Wall etc Act 1996. The schedule will be attached to the Party Wall Award produced and upon completion of the works will be check to establish if any damage has occured.
Prior to work to leased premises
Landlords permission is normally required prior to the execution of any alterations to leased premises and often protection is required by way of a Schedule of Condition for those adjoining premises that could be affected by the works. Again, the schedule is checked on completion of the proposed work identifying any damage caused and enabling remedial work to be agreed.
Prior to the commencement of major building work
Schedules of Defects are often used where a more focused report is required concentrating on specific defects that have occurred and acts as a benchmark against the potential of future damage occurring due to specific construction activities and zones of influence associated with these.