Services

dilapidations in association with Dilaps UK

Historically dilapidations have often been perceived as another way for Landlords to profit from their Tenants. The modern approach however, underpinned by the Civil Procedure Rules and reinforced by RICS Guidance and the Dilapidations Protocol published by the PLA, is for reasonableness and fairness. The purpose of dilapidations is to compensate the Landlord for loss, not to punish the Tenant. Surveyor’s dilapidations schedules and resulting dilapidations claims should be a realistic and honest assessment as to what the Landlord is entitled to and the Tenant’s surveyors response a true assessment of the Tenant’s liability, given all the circumstances. There will always be certain variables, which must all be taken into consideration and this is where the surveyor’s particular expertise is of such importance to avoid the parties' positions becoming polarised and prevent potentially protracted and costly dispute. Dilapidations services will be provided by Dilaps UK in accordance with their terms and conditions of business.

• dilapidations advice
  • Advice on leasehold obligations for owners, occupiers or those intending to acquire an interest in commercial property
• dilapidations claims
  • Preparation of interim and terminal schedules of dilapidations or repairs notices on behalf of Landlords and conducting negotiations in order to procure appropriate settlement by way of Tenant’s works or payment of damages
• dilapidations defence
  • Advising Tenants on repairs notices and schedules of dilapidations served upon them by Landlords and conducting negotiations in order to procure appropriate settlement and release from leasehold liabilities
• dilapidations assessments
  • On behalf of owners, occupiers or those intending to acquire an interest in commercial property to provide an assessment of accrued and potential dilapidations liabilities and options to limit liability
• schedules of condition
  • On behalf of those intending to acquire an interest in commercial property to provide a detailed record as to the condition of the property, often used to place a limit on a Tenant’s repairing obligations
• management of dilapidations works
  • On behalf of Landlords or Tenants to put a commercial property into the condition required by the lease
• service charge advice
  • General advice on service charge obligations and liabilities for owners, occupiers or those intending to acquire an interest in commercial property

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party walls

advice on the requirements of
The Party Wall etc. Act 1996

The Party Wall etc. Act 1996 is intended to facilitate building work close to boundaries by giving certain rights to the Building Owner whilst protecting the interests of any Adjoining Owners who might be affected by the carrying out of the works. For the Building Owner to activate these rights they must first serve formal statutory notices on the relevant Adjoining Owners. If the Adjoining Owner does not give consent or formally dissents then a dispute will arise that must be resolved in accordance with the Act requiring the appointment by the two Owners of an agreed surveyor or two separate surveyors. The dispute is settled by the issuing of a formal Party Wall Award.

acting as building owner’s surveyor

For those intending to carry out works preparing Notices and preparing and Agreeing Party Wall Awards

acting as adjoining owner’s surveyor

For those affected by building works responding to Notices and Agreeing Party Wall Awards

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consultancy

defects diagnosis

For owners, occupiers or those intending to acquire an interest in commercial property investigating the nature, cause and significance of building defects, providing advice and recommendations

maintenance and repair

Pre- and post- contract services necessary for the procurement and implementation of small to medium scale building works, including tendering and contract administration

condition surveys

For those intending to acquire an interest in or carry out works to commercial property in order to advise on the construction and condition of the property and identify any matters of potential concern

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