Landlord Advice

When your commercial property tenant is vacating at lease expiry, you want your property back in good condition!

But tenants often leave in poor order.

Which is why the law provides the remedy of compensation, or damages. This is assessed by you instructing a Chartered Building Surveyor (CBS) to prepare a Schedule of Dilapidations (SoD). The lease usually requires that the outgoing tenant reimburses the fee for this. The SoD identifies disrepair and prices remedies. The tenant will usually instruct their own CBS to negotiate with yours to an agreed damages figure to be paid to you.

You therefore want the best of the pair to be on your side!

In England, Wales, Ireland and Isle of Man, legislation limits damages to the lower of the cost of remedial works, or the impact (if any) the disrepair has on the property’s value. If your former tenant uses this ‘defence’, you need to be able to robustly challenge it. This is the specialism of the Chartered Valuation Surveyor (CVS). Our network of the highest calibre of specialist dilapidations surveyors has unparalleled experience of successfully maximising dilapidations damages for all commercial and leisure property genres, throughout the whole of the UK & Ireland. We pursue every case as if it was our own property, uniquely employing both disciplines (‘building’ and ‘valuation’) of chartered surveyor key to securing maximum damages for you.

Get in Touch

For expert dilapidations advice or to make an enquiry, call us today on 0330 094 5446.

Landlord advice

Additionally, our sister consultancies specialise in navigating to best outcome in matters, including:

  • Agency
  • Rent Reviews
  • Lease renewals
  • Arbitration
  • Valuations
  • Rating
  • Lease regears
  • Investment Strategy
  • Property Management

Landlord advice during Dilapidations

In the context of dilapidations specifically, if you have a tenant in breach of lease agreement in terms of maintaining the condition of your property – whether during, or at expiry, of the lease – our chartered building surveyors will advise you on your options, including for you to claim damages. Our chartered valuation surveyors will reinforce your claim with a Section 18 Diminution Valuation.

Landlord's Right to Do Works

Some leases contain what is termed a Jervis -v-Harris clause. This allows landlords to enter into properties to remedy serious breaches during the term of a lease when the tenant is in violation of contractual obligations to repair.

We have considerable experience with this, and so can either work with your solicitor or put you in touch with a specialist solicitor, to steer you through the complex process to best outcome for you.

Schedules of Condition

When letting a property, your tenant may wish to have a Schedule of Condition. This accurately records the condition of your property, to ensure that when the lease expires, it is clear what has deteriorated. This can benefit the tenant while simultaneously enforcing your landlord rights.

Our chartered building surveyors will carry out a building survey and advise on the details of breaches and priced repairs and negotiate accordingly. This will make it clear what requires remedying by the outgoing tenant or if not done, what compensation you are due.

Lease Expiry

At lease expiry, if your tenant is in breach of the lease and has not maintained the condition of your property, we uniquely provide the two disciplines of chartered surveyor required to offer informed landlord advice and achieve the best outcome when you claim damages.

New landlord rules became part of the law in 2012 with the introduction of the Dilapidations Protocol (‘the Protocol’).

Our chartered building surveyors will survey your property, identify breaches of covenants to repair, decorate and reinstate alterations, and prepare the Schedule of Dilapidations and Quantified Demand to be served upon your tenant.

Our network of the highest calibre of chartered building surveyors advises on all commercial property types throughout the UK & Ireland, securing your landlord rights.

They will negotiate your claim for damages to the highest possible potential settlement figure. Where negotiated settlement cannot be found, the best outcome will then be pursued in ADR, usually mediation.

If a tenant advances a Diminution in Value defence in an attempt to reduce the eventual payment they have to make, we will examine and provide a robust rebuttal on your behalf.

As a landlord, you may also require a Diminution in Value Report because the new landlord rules (the Dilapidations Protocol) state that one must be produced if the landlord is not doing all of the works claimed.

Get in Touch

When your tenant is in breach of lease so that the condition of your property deteriorates and your landlord rights are infringed, you need the unique combination of experts that we provide.

Our UK and Ireland-wide network of the highest calibre of chartered building surveyors is ready to act if the lease has a clause allowing you to enter and carry out works in default, and to maximise your claim for damages for terminal dilapidations at lease expiry while offering crucial landlord advice.

Where a Diminution in Value Report is required – due to the new landlord rules, or to refute a Diminution Valuation provided by your tenant – our chartered valuation surveyors will optimise your position.

For expert dilapidations advice or to make an enquiry, call us today on 0330 094 5446.