Dilaps claims are as certain as death and taxes
If you lease a property you take on the obligation to repair the property to a standard that is legally defined, which can often be overlooked with the enthusiasm of a new business or expanding business venture. One situation you will certainly find yourself in when your lease comes to an end or when you decide to leave the property is a dilapidations claim as we believe dilaps claims are as certain as death and taxes.
As dilaps claims can be extremely costly we always recommend that before you enter into a lease you gain the support and advice from our Chartered Surveyors who have many, many years of experience with dilaps. A free phone call today 0800 298 5424 to our dilaps specialist Surveyors will save you time and money.
Taking on a lease and your obligations
Taking on a lease on a commercial property for your business means that you are also taking on the obligation to repair the property as set out within the lease, in accordance with the Landlord and Tenant Act or in case history or a combination of all three, regardless of the condition the property may have been in when you take it on. Over the term of the lease the landlord is not only requiring the leaseholder to pay rent but to also hand back the property in a suitable condition as set out within the lease for him to be able to rent again.
It’s not fair the property was poor when I took it on
We frequently find that leaseholders that come to the end of their leases are surprised to find that they are served a substantial dilapidations claim when they believe the property was in a poor condition when they took it on. Unfortunately the leaseholder has not studied the terms of their lease, which requires the property to be handed back in the condition set out within the lease, which is not necessarily how they took it on.
How can I protect myself against Dilapidations?
A question Dilaps Surveyors are frequented asked is – How can I protect myself against large Dilapidations claims? When taking on a lease we believe the leaseholder should take advice from dilaps Surveyors. We offer a service whereby we give strategic advice on how to initially limit your liability and, at the end of the lease when leaving the property, how to limit/reduce your costs considerably.
Our Chartered Surveyors are specialists in dilapidations matters and can help you with their technical knowledge, negotiation skills, knowledge of the latest case law with regard to dilaps and common sense approach to achieve the best business deal for our clients.
Schedule of Condition – protecting you and limiting your liabilities with future dilaps claims
Our Dilaps Surveyors produce high quality Schedules of Condition detailing the property externally and internally from roof top to foundation/ceiling to floor describing the condition of the element and action required to bring to the standard set out within the lease. We always recommend that a Schedule of Condition is the best way to protect yourself and is an aid to limit your liabilities with future dilaps claims. A Schedule of Condition carried out prior to you taking on the lease and legally appended to the lease will benefit you at the end of the lease giving you an invaluable record of the property which will assist in negotiating/arguing your point of view with a dilapidations claim.
Below is an example of an element on our Schedule of Condition
Flemish Bond Brickwork
Red brickwork with cement pointing
Spalling brickwork, weathered pointing to rear lichens and vegetation growth
Leaks from pipework and roof above
Remove lichens and vegetation with care not to damage brickwork
Ad-hoc repointing and/or replacement of spalling bricks
Make pipework watertight, further investigation at roof level
Schedule of Condition – why Dilaps Surveyors provide the best:-
- Property inspected by highly qualified, specialist Chartered Building Surveyors
- Independent Dilaps Advice – all our Surveyors are Independent Chartered Surveyors working with your best interests at heart
- Aerial view 360 photos – Our Schedules of Condition contain many survey photos and aerial view 360 photos, which give a unique bird’s eye view of hidden and difficult to view areas in a cost-effective way giving an accurate account of the property on the day of inspection.
- Latest surveying technical equipment – All our Building Surveyors use the latest surveying technical equipment including for example thermal image cameras which give accurate measurements for analysis of areas with defects.
- 3D models and floorplans – We will provide 3D models and floorplans to aid with the record of the building and any alterations/amendments.
- Unique survey sketches – We have commissioned hundreds of unique survey sketches which we include in our Schedules of Condition to ensure you have a clear understanding of the property.