Dilapidations Advice and Schedules of Dilapidations Kent
Home Heroes surveyors have detailed knowledge and experience of the law governing the complex minefield of dilapidations. Dilapidation Surveyor
It is always a prudent decision to appoint a building surveyor before committing to, initiating a break clause in. Or reaching the end of a lease. Otherwise, you may find yourself unprotected, and liable for the building’s eventual repair and reinstatement works.
From items of disrepair to breaches of covenant, our dilapidations surveyors are perfectly suited to assist. Also, we provide both landlords and tenants with professional advice concerning their potential liability for the repair. And reinstatement of leasehold property.
Home Heroes compiles detailed and professional Schedules of Dilapidations. Our reports are in accordance with current legislation and protocol, ensuring that a tenant complies with their lease obligations, and returns the property ready for letting, thus minimizing vacant space, and maximizing financial return.
If you are approaching the last three years of your lease. Our building surveyors can provide comprehensive advice regarding your lease obligations. Doing so can help ensure that you’re not held accountable for any repair or reinstatement costs over and above the legal obligations contained within the lease.
Schedules of Condition
When acting on behalf of either the landlord or tenant. Here, Home Heroes building surveyors will provide a comprehensive Schedule of Condition. Accurately recording the condition of a property prior to entering into a lease. This is an essential document to limit or prevent any spurious claims at the end of the lease, in terms of a tenant’s repair and reinstatement liability
Limited Repair Liability
We strongly recommend that the parties entering into a lease protect themselves from unnecessary repairing obligations with a Schedule of Condition.
Providing both written and photographic support, our Schedules of Condition offer an easy-to-read statement of fact. Thus upon expiration of a lease term or completion of renovation work, the likelihood of a discrepancy regarding a building’s condition is significantly reduced.
The Dilapidations Process:
Interim schedule – made during the lease term, usually prior to the final three years.
Terminal schedule – made during the last three years of the term.
Final schedule – after the expiry of the term. This schedule would normally be costed.
Limitations on Dilapidations
Under the Leasehold Property (Repairs) Act 1938, a tenant may claim protection against certain dilapidations claims provided that more than three years of the lease remain unexpired and a counter-notice is served within 28 days of service of the landlord’s notice.
The Act protects the tenant against forfeiture without the leave of the court. It also limits the repairs that can be enforced to those which are required to maintain the value of the landlord’s reversion and those which are a statutory requirement.
The overall loss to the landlord will be the depreciation in the value of the property brought about by the disrepair. So, this is often less than the cost of works.
If the landlord intends to demolish the building and redevelop, then there is no loss. Similarly, if the landlord intends to strip out and refurbish the building, then there is no loss or a reduced loss.
Prior to inspecting the property. And the landlord’s surveyor should carefully read the lease to fully ascertain the landlord’s and tenant’s repairing obligations. The property is inspected in the light of this information and, in some cases, tests of services are carried out.
Most leases provide for the landlord’s costs in preparing a Schedule of Dilapidations and the service of notices to be borne by the tenant.
The surveyors acting for the landlord and tenant often meet at the property And go through the schedule clause by clause, agreeing what should be included, what should be deleted and what costs are applicable.
Failing a negotiated settlement, the matter may be dealt with by the courts, by arbitration. Or by an alternative dispute resolution system. The method of resolution may be laid down in the lease or may be agreed upon between the parties.
The surveyors agree on how the matter is to be settled. So, this is normally either a schedule of agreed works for the tenant to complete or the sum of a cash settlement. Above all, it is important that settlement terms are agreed in writing before any works are completed or any payment made.