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Commercial Surveyor Services

Bradley-Mason LLP is a Chartered Building Surveying practice who offer the full range of Surveying, Building Consultancy and Project Management Services throughout the UK.

Our senior level team provide expert advice, with a focus on a quick turnaround service to maximise value and to fully understand our client’s businesses and property requirements. Ranging from investment funds and private Landlord’s to High Street retailers and commercial Tenant’s, we offer advice on the whole life cycle of their property interest from acquisition to disposal. Our aim is to predict your needs and ensure your expectations are exceeded. We question your requirements to ensure that our services are tailored to your current and future needs.

How does a Schedule of Condition protect both landlord and tenant?

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Whether you are a landlord with property to let or a business about to enter into a lease agreement, a Schedule of Condition (SoC) is an important document designed to protect your interests. The document is typically prepared for legal and contractual reasons, both for residential and commercial properties.

A Schedule of Condition is generally included with a lease. It is drawn up prior to a new tenancy commencing, with the purpose of equipping both landlord and tenant with a record of the property’s state of repair before occupancy starts. Both parties have the opportunity to consult on the SoC to agree its findings and overall contents.

At Bradley-Mason, our expert team has many years’ experience of all aspects of commercial building surveying and building consultancy. We are routinely involved in preparing Schedules of Condition for inclusion within a lease or a party wall award, advising investors, landlords and tenants.

What does a Schedule of Condition contain?

A Schedule of Condition typically consists of a combination of written statements and photographic evidence to illustrate the surveyor’s findings. This is known as a full Schedule of Condition and offers ample scope for the surveyor to accurately describe the property’s state of repair.

The information is usually set out in a well-structured and easy-to-follow format:

  • Summary introduction specifying the purpose and scope of the Schedule
  • Brief description of the property being inspected, and details of its location
  • Any restrictions on the inspection
  • Date and weather conditions at the time of inspection
  • The purposes for which the Schedule may be relied upon
  • Relevant drawings of the property, identifying rooms
  • Written schedule of observations, detailing the condition of the property room by room
  • Accompanying photo and/or video evidence to showcase the surveyor’s findings
  • Mentions of the types of tests carried during the inspection
  • Definitions of the terms included within

The most important purpose of a full Schedule comprising both detailed photographs and text is to provide a fair, first-hand insight into the property’s condition. Whether the Schedule is prepared on behalf of a landlord or tenant, contractor or employer, the document is used to identify changes in the condition of the property that could be difficult to visualise without the assistance of detailed photographs and written descriptions.

What is a Schedule of Condition used for?

When a commercial or residential property is to be let, it is good practice for the lease to include a Schedule of Condition in order to document the general condition of the property at the outset of the lease term.

As a factual and impartial record of the state of the property at the beginning of the lease term, the Schedule acts as a benchmark against which the property’s condition can be assessed at a later date, serving as valuable evidence in case of landlord-tenant disputes.

A properly prepared Schedule of Condition can fulfil important functions to assist both landlords and tenants:

  • It can help protect both parties’ interests by outlining and enabling landlord and tenant to agree the condition of the property, including any repair work that might be needed, at the outset.
  • The Schedule, including any liability for repairs, are commonly referred to within the lease or tenancy agreement, which sets out the expectations of the tenant to maintain the property’s condition.
  • It can be used to establish and agree the tenant’s repairing obligations, including any obligations for reinstatement works, under the lease. That way, potential disputes and claims for damages during or after the lease term can be avoided.
  • On commercial leases, a SoC can act as an invaluable tool to help the tenant limit their liabilities and repairing obligations under the terms of the lease, particularly towards the end of the lease term when they may be facing dilapidations claims from the landlord.
  • At the end of the tenancy, and often also at specified intervals throughout the tenancy period, the landlord (or his representatives) has the right to inspect the property, using the SoC to determine whether any damage has been incurred since the Schedule was drawn up.

In the event of damages or repair to the property, both the tenant’s repairing obligations contained within the lease agreement and the Schedule of Condition can be referred to. As the Schedule of Condition acts as written and photographic evidence of the state of the property at the start of the lease term, it protects both landlord and tenant when it comes to determining who is responsible for repairs at the property.

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For more information about how a Schedule of Condition can help protect your interests as a landlord or tenant, or to discuss your specific requirements, please get in touch with our experienced team.

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

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Reinstatement Cost Assessment – what you need to know

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Having adequate insurance cover for your commercial buildings is vital, whether your investment is a single building or you’re managing a larger portfolio. Not enough insurance can leave you financially exposed in the event of a claim, particularly in the event that you have to rebuild the property, which can have potentially disastrous consequences. Too much cover means you’re paying over the odds for your building insurance. But the risk of both overinsurance and underinsurance can be avoided with a Reinstatement Cost Assessment (RCA).

At Bradley-Mason, we conduct professional and impartial assessments according to the latest practice standards from the Royal Institution of Chartered Surveyors (RICS), using RICS Guidelines for RCA of Buildings and online cost information from the Building Cost Information Service (BCIS) to allow us to produce an RCA with a high degree of accuracy.

What is a Reinstatement Cost Assessment?

RCA is the basis on which Chartered Surveyors conduct appraisals of commercial property, plant, machinery and contents for insurance purposes. Most UK commercial buildings are insured on a reinstatement basis, meaning new for old. Thus, the reinstatement cost of a building means a repair, reconstruction or renewal of the asset to a condition that is equal to but not better than new. It’s a comprehensive assessment that often involves the inspection and reporting on a wide range of properties of varying types, sizes and uses.

How frequently should an RCA be conducted?

Carrying out a Reinstatement Cost Assessment to determine the value of the asset is the only way to ensure that the correct level of insurance cover can be put in place. With that in mind, and in line with RICS recommendations, we would advise that a full RCA be carried out every 3 years, alongside supporting annual desktop evaluations with costs amended based on Tender Price Indices (TPIs). If any significant alterations are made to the property, or additional investment or downsizing in plant, machinery or contents has occurred, a reassessment should be conducted in full to ensure that appropriate insurance cover is in place.

How is a Reinstatement Cost Assessment carried out?

Undertaking an initial RCA for insurance purposes requires a physical inspection of all areas of the property by a qualified surveyor. Schedules of buildings, main plant and machinery/contents will be undertaking during the site visit and building plans, health and safety documentation and other information about the building’s size, age, construction, location and services may also be required. BCIS published data, information supplied by machinery manufacturers and agents, internet research and internal databases are all used in the calculation. The more information we have, the more accurate the RCA will be. Subsequent RCAs may be conducted without the need for a physical visit

What happens in the event of a claim?

Should the worst happen and an insurance claim is made on the policy, the building’s reinstatement cost estimate is called on to inform the likely insurance payout. In addition, the insurer will appoint a loss adjuster to assess and manage the claim in detail. A surveyor may also be instructed to assess the extent of the damage and invoices in the reconstruction process, making sure the building is appropriately reinstated. At Bradley-Mason, our project management team has developed a specialist service to rapidly assess building damage as a result of flood, fire or vandal attack, prepare an outline feasibility for the work required to agree with the loss adjuster, and specify, tender and project manage the repair work to minimise the impact on our client’s business.

How can Bradley Mason help?

If you require independent professional advice on Reinsurance Cost Assessments for your commercial premises anywhere in the UK, the experienced team at Bradley-Mason LLP should be your first port of call. We have many years’ experience in surveying all kinds of commercial property across many sectors, ranging from small office premises to large multiplex cinemas and wide-ranging residential portfolios.

Call us on 01423 611 604 or email us at info@bradley-mason.com to discuss your RCA requirements with our expert team.

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

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Preparation is key to beat EPC Energy Efficiency Deadline

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Many commercial landlords might already be wrestling with issues around bills, non-paying tenants, or rising mortgage rates but they can’t afford to ignore fast-approaching EPC deadlines. Under the Minimum Energy Efficiency Standards (MEES), all non-domestic rented buildings must get an EPC B rating by 2030 and although that’s still a few years off, the government has proposed a phased implementation of achieving a minimum C rating by 2027 which is going to be a particular challenge for any properties currently below an E. From next April, only those non-domestic buildings that make this grade can be let out.

With the clock ticking, landlords need to devise an action plan – and the best way to get started is by working with a trusted commercial energy assessor. They’ll calculate a building’s energy rating, taking into account the type of construction, including walls, roofs, floors and windows, heating, cooling, ventilation and hot water systems, lighting, and whether different parts of the building are used for different purposes. In order to produce the most accurate possible results, these assessments are becoming increasingly high tech. Murton & Co’s work with cutting-edge software firm arbnco uses its software platform to gauge building energy analytics by acquiring energy, carbon and environmental data to identify the right retrofit solutions for commercial buildings. After producing an EPC, we use Arbnco software to run the simulations for enhancements. They have also developed equipment and software to monitor indoor air quality, ventilation and thermal comfort which can then be used to inform strategies to improve and enhance buildings.

EPCs set to evolve

Looking forward, updated Building Regulations due in 2024 might mean that in the future, new properties will have to consider embodied carbon in the EPC metrics, such as where the building materials come from and how they were made. However, as the commercial EPC is a measure of carbon emissions, when the majority of buildings eventually become carbon neutral, carbon as a metric to evaluate the energy efficiency would then become irrelevant.

Assessment complete and armed with suggestions to make improvements to their commercial premises, landlords often find that new lighting and energy-saving heating methods make a significant difference to their bills and the comfort of their buildings. Offices, shops, and warehouses can suffer from poor natural light and must use a large amount of – often inefficient – lighting. Simply by converting to LED, landlords could save up to 50% on lighting costs and improve their EPC score. When looking at heating, an efficient air-conditioning unit helps, along with wall and roof insulation, and renewable sources of energy such as solar panels. However, it’s certainly not always the case that substituting the much-hyped heat pump is the answer; sometimes a blended system of gas boiler and heat pump is what’s needed – and that’s a conversation to have with a heating engineer and energy assessor.

Clients target compliance

Based in Lancaster, our work takes us all over the country, working with national companies. This includes James Hall – assessing their new-build SPAR convenience stores, focused on compliance with Building Regulations and achieving a net zero building (A-rated EPC), and partnering with Bradley-Mason to deliver the fit-out works at 35 Toolstation branches so that they comply with Building Regulations and landlord green clauses.

These clauses are becoming a new trend where tenants are bound by the lease to not degrade the EPC rating of the building due to their alterations and fit-out works. We’ve also been working in partnership with Bradley-Mason on several fit-out projects for other trade counter clients such as Wolesley Centres and Nisbits.

A further ongoing project is with Assura plc; after completing 400 surveys to ascertain their baseline EPC ratings, we reviewed the whole of their medical centre portfolio utilising arbnco’s powerful simulation software to highlight the enhancements needed to achieve an EPC band B. This ongoing programme – supporting Assura’s SixbySix strategy – involves assisting with due diligence when acquiring medical centres, and we are now surveying 120 buildings following completion of the enhancements.

Invaluable assessments

We always advise that when refurbishments are being planned, it’s imperative to engage with the client to clarify their aims and objectives and then working within a collaborative group – including the design team and energy assessor – to develop a strategy that will achieve the client’s goal. Unfortunately, some landlords are not so well organised; we still come across far too many instances where we have received enquiries for an EPC after the refurbishment works have already been completed without a prior assessment, which puts the development at risk of non-compliance with the minimum EPC regulations. That’s why a thorough assessment of the building’s fabric and building services can be invaluable along with early conversations about the aims for the project to ensure the right measures are implemented.

While the government might possibly delay the change in commercial landlords’ obligation to get a B rating due to rising cost-of-living issues and there’s also a question around what they can actually afford, it’s clear that the rise in fuel costs and further planned hikes in energy efficiency standards make carbon-reducing measures a smart investment for landlords and tenants alike.

Article by Jonathan Murton

Managing Director at Murton & Co

Jonathan is a member of the Royal Institution of Chartered Surveyors (RICS), with over 20 years’ experience as both a surveyor and consultant to the building industry.

He is a qualified energy assessor, for existing and new buildings, and employs modern surveying techniques to apply his craft. These include CAD, 3D-simulation and building information modelling, as well as the use of unmanned aircraft for aerial surveys. In the past, Jonathan has trained up aspiring energy assessors and created bespoke courses for City & Guilds qualifications. He has also worked as an RICS counsellor for the Assessment of Professional Competence (APC) programme and as an advisor for the government’s Green Deal.

www.murtonandco.uk

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

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12 common commercial lease terms and how they affect your tenancy

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Before taking on a commercial lease, it’s important to check the document carefully. Obviously, this applies to any legal contract, but smaller business owners in particular may be unfamiliar with the terms and conditions that go with the leasing of premises – be they office space, a shop or restaurant, a workshop or medical establishment.

A lease should always be agreed in writing (though there are some cases where a verbal lease agreement may have the force of the law) and it is imperative that you review the rights and obligations set out in the document with a fine toothcomb before committing to it.

 

At Bradley-Mason, we deal with a wide range of clients from a variety of sectors including hotel, leisure & tourism, healthcare, retail, industrial and property sectors, advising on building consultancy and compliance, acquisition, occupancy and disposal with a portfolio of specialist services. We’ve put together an overview of some of the most common terms used, and what they could mean for your business.

  1. Security of Tenure

The document should state whether the lease is protected by the Landlord & Tenant Act 1954 or whether it is contracted out of that Act. If you have security of tenure, you have the right to a new lease at the end of the existing one. If not, you will have no such right and can be evicted immediately upon the expiry of the lease.

  1. Rent

The lease will stipulate the rent amount, when it is payable and sometimes the mode of payment too (e.g., direct debit or standing order). Monthly rents are often paid quarterly in advance on the ‘quarter days’ of 25th March, 24th June, 29th September and 25th December. Typically, there will be no formal demand or invoice issued, though you will likely have to pay interest at a specified rate on late payments.

  1. Rent Reviews

A rent review clause specifies when the rent will be reviewed and may be adjusted – typically every 3-5 years – to ensure that the landlord continues to receive the ‘market rent’. The technical and legal process to establish the new rent will be specified in the least, with ‘upward only open market rent reviews’ being the most common.

  1. User

The ‘user’ clause relates to what the leased property is permitted to be used for and, importantly, whether there are any restrictions or limitations in place that could be a problem for your business. While you are doing your research, also double check that any and all necessary planning consents have been obtained.

  1. Repairing Obligations

Most new commercial leases are granted on a full repairing and insuring (FRI) basis, meaning it is the tenant’s responsibility to carry out repairs and pay for premises insurance. Every lease is different when it comes to specifying what exactly is meant by ‘repair’, and unsurprisingly this is one of the most hotly disputed elements of commercial leases.

  1. Dilapidations

Tenant responsibilities in terms of dilapidations, reinstatement and fittings & fixtures are critical to understand at the beginning of the lease, since you will be required to return the premises to a specified state of repair (e.g., its condition at the start of the lease term). Consult with a specialist dilapidations surveyor to understand and manage your obligations and dilapidations costs.

  1. Lease Term

The lease ‘term’ is the duration of your tenancy, which is usually negotiable. Typical leases can be 3-5 years long, but longer lease terms for up to 25 years are not at all unusual. The important thing is to ensure that the lease term suits your financial projections and business objectives in the short, medium and long term.

  1. Subletting and assigning

Are you able to sublet some or all of the property to another party, so that they become your de facto tenant? Are you able to reassign or transfer (i.e., sell on) a remaining lease term to another party? If so, are there any restrictions, or could you still be held responsible for rent and other commitments in case the incoming tenant doesn’t honour them? It’s a legal minefield that needs careful scrutiny.

  1. Alterations

Another potential minefield is the area of the tenant making alterations to the building. What structural/non-structural changes can you make and do you need the landlord’s formal consent by way of a Licence to Alter? Will you have to reverse the alterations at the end of the lease term as per your dilapidations obligations?

  1. Break Clauses

Many commercial leases include a break clause, giving the tenant the right to terminate the lease early, for whatever reason, by giving notice in writing at a specified time. The greater flexibility may be just what a growing business needs. However, if the landlord also has the right to break early, this can create unwelcome uncertainty for your business.

  1. Service Charges

Carefully check your obligations with regard to the upkeep and maintenance of any shared spaces or communal grounds. Most leases are ‘triple net’, meaning you pay rent, your share of property taxes and your share of Common Area Maintenance (CAM). There will also be an amount payable for Capital Expenditure (major building repairs, e.g., repairs to roof, foundation or HVAC installations),

  1. Personal Guarantee

While many landlords prefer individual business directors to provide an additional personal guarantee for their commercial lease, this is something that you can negotiate. Where possible, personal guarantees should be avoided or, at the very least, limited to a portion of the least term. Taking independent legal advice is highly recommended.

 

At Bradley-Mason, our team has a wealth of commercial property experience and can help both landlords and tenants with a range of Commercial Building Surveys, Building Consultancy, Access Consultancy, Schedules of Condition, Dilapidation Surveys and much more besides. With five offices throughout the UK, we are ideally placed to meet your needs, wherever you are based. Contact us for details.

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

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Minimum Energy Efficiency Standards (MEES)

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Information and advice for Landlords to maximize the opportunity of improving the EPC rating of their property portfolios, ahead of MEES regulation changes and more stringent EPC rating requirements.

Background

Energy Performance Certificates have been a Statutory requirement for new Leases of commercial properties since 2008. The report assesses the energy efficiency of the building fabric and services installations of a building, and the building is given a rating on a scale from A-G with ‘A’ being the most energy efficient and G least energy efficient.

Under the Energy Act 2011, Minimum Energy Efficiency Standards (MEES) were introduced to provide a structure to the improvements that need to be made to commercial buildings, with a timeframe stipulating a gradual improvement in the minimum rating that must be achieved in order for new and existing tenancies to be compliant.

Summary of Key Dates

In relation to non-domestic properties in England and Wales implementation of the Regulations is to come into effect in the following stages:

MEES contains two separate short-term requirements:

  • From April 2018, MEES triggered an enforcement mechanism whereby landlords will not be permitted to grant a lease of a commercial property with an EPC rating below E unless they have carried out all possible cost-effective energy efficiency improvement works, or an exemption applies.
  • From 1 April 2023, landlords will not be permitted to continue to let a commercial property with an EPC rating below E on an existing lease unless they have carried out all possible cost-effective energy efficiency improvement works, or an exemption applies.

 

The Department for Business, Energy & Industrial Strategy has published a new Energy White Paper, which sets out a new mid-term target to uplift the existing MEES regulations

  • By 2027 a minimum threshold rating of C must be achieved.
  • By 2030 a minimum threshold rating of B must be achieved.

These dates are currently in a consultation period and if approved the updated MEES Regulations would come into force on 1st April 2025.

Exclusions and Exemptions

  • The guidance set out in ‘The Non-Domestic Private Rented Property Minimum Standard’ document confirms that MEES will only apply to those properties which require an EPC by law.
  • Identifying if a building or tenancy are affected by MEES is not straightforward, as there are various exclusions and exemptions Landlords can claim for depending on the circumstances surrounding the property.
  • In all cases Landlords are advised to obtain their own independent advice in relation to possible exemptions and must ensure that all exemptions are registered via the central government PRS Exemptions Register.

Enforcement and Penalties for Non-Compliance

  • Local Weights and Measures Authorities (LWMAs) will enforce the provisions set out in the MEES regulations as well as Trading Standards who will also undertake enforcement activity.
  • The enforcement teams can impose hefty penalties for Landlords that do not improve their properties. These are broken down as follows:

– Breach for less than 3 months: 10% of the ratable value (min. £5000/max. £50,000)

– Breach for more than 3 months: 20% of the ratable value (£10,000/max.£150,000)

– Providing false or misleading exemption information: max. £5,000

– Failing to comply with a compliance notice: max £5,000

Dilapidations Matters

  • The MEES regulations are set to impact existing leases from 1 April 2023. Landlords will have to undertake all reasonable efforts to implement improvements to their properties, excluding exempt properties to improve its EPC rating during the term of a lease.
  • The Jervis v Harris clause which provides certain powers to the Landlords to enter their property to carry out repair works when tenants fail to do so, will not have the same enforcement under the new regulations. The new regulations place the obligations on the Landlord to carry out the works, therefore entry to a property, mid-term will unlikely be unlawful under the Leasehold Property (Repairs) Act 1938.
  • ‘Green’ Lease provisions are seen to be the answer to facilitate access for MEES improvements, ensuring both the tenant and landlord share the benefits of any improvements made to meet the new standards. However, undertaking works with vacant possession will typically be contractually simpler and more economical.
  • There is potential for strong supersession arguments at lease end, due to wholesale replacements of mechanical and electrical equipment, for example, being required due to poor energy ratings.

Protecting your Property Assets

  • The second stage of MEES comes into force in April 2023, it is therefore the optimum time consider steps to achieve compliance, and budget for any necessary improvement works.
  • The proposed implementations of the minimum EPC Band C by 2027 and EPC Band B by 2030 need careful consideration by Landlords in advance of the deadlines, to ensure your property or portfolio of properties meet the requirements.
  • Where a property does not meet the necessary requirements on the PRS exemption registers Landlords should seek professional advice on how best to budget for improvement works and how such improvement will impact on any current tenancies.
  • Landlords should consider lease events within their portfolios to maximize works on vacant properties prior to key rating threshold changes.

 

Bradle Mason LLP, we are well placed, along with our specialist partners, to provide expert advice, providing Energy Appraisals of each individual property, highlighting necessary works required to achieve compliance, and managing the implementation of these works, whether, for instance, that relates to installation of renewable energy sources or improvements to the building fabric, or services. Please contact one of our team to discuss how we an assist and the next steps.

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

 

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Dealing with Dilapidations – what you need to know

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The vast majority of commercial leases contain repairing obligation clauses which specify the extent of the tenant’s responsibility to maintain and repair the property being leased. The landlord will be concerned to see that the property is not devalued by a tenant’s neglect, so clauses in the lease will set out cleaning, redecoration, repair, prevention of alteration etc. Failure to comply with these clauses will leave the tenant open to landlord action to enforce the lease covenants.

Dilapidations are breaches of covenant to repairing obligations, leaving the landlord to recover the loss suffered as a result of the tenant’s failure to maintain the property as per the lease terms and/or return the property in its original state at the end of the lease term.

Bradley-Mason LLP are leading specialist commercial dilapidations surveyors acting for tenants and landlords in all aspects of dilapidations and leasehold repair matters. Our Dilapidations Surveys are highly detailed investigations into the current condition of the building and can be undertaken during the lease term or towards the end of a tenancy.

Established in 2004, we use a proactive approach to advising clients aimed at ensuring compliance with the Dilapidations Protocol while avoiding unnecessary costs and minimising the need for lengthy disputes or legal proceedings. Take a look at some of our Dilapidations Settlements and Surveys Case Studies to see the depth and breadth of our work.

Why tenants should consider dilapidations at the outset

When searching and budgeting for business premises, business will typically consider obvious cost lines such as rent, business rates, utility bills as well as any service change and fit-out costs. However, thinking about dilapidations liabilities that might arise at the end of the lease is unlikely to be front of mind at the beginning of the term. Unfortunately, ignoring or underestimating the impact of dilapidations can lead to potentially expensive and unexpected costs being incurred.

Much better outcomes can be achieved by agreeing clear repairing and dilapidations clauses at the outset. This is key information that the tenant can use for assessing the suitability of the premises before signing the lease and estimating their liability during and at the end of the lease.

In particular, the following factors should be taken into account:

  • Age, size and type of property
    Are you looking to rent modern office premises or a period building? Is it a small retail unit or a large industrial shed?
  • Construction materials
    What is the physical condition of the building? What building materials are used? Is there evidence of deleterious materials or contamination? Is the building statutorily compliant?
  • Lease term
    How long is the lease? Is it a new lease or are you taking over a remaining lease from another party by way of assignation?
  • Schedule of Condition
    Does the lease contain, or can you insist on obtaining, a photographic record to show the property’s condition as a benchmark for your repairing obligation?
  • Repairing obligations
    What is the extent of your liabilities? Are you responsible for the interior or the entire building? Do you need to redecorate at the end of the lease? Who repairs the roof?
  • Fit-out
    Are there any conditions/limitations for fitting out the leased premises? Do you need to remove your fit-out and reinstate the property to its original condition when you exit?

What happens at the end of the lease term?

A commercial lease will usually allow the landlord to serve a Schedule of Dilapidations on the tenant specifying any repairs that the tenant is liable for during the lease term and within a reasonable amount of time after the end of the lease. We would recommend that a specialist dilapidations surveyor such as Bradley-Mason LLP is instructed to prepare and serve the necessary documents.

Where a dilapidations liability exists, the following options may be suggested:

  • The tenant will complete the necessary works at their own expense. Where they fail to do so, the landlord will instead complete the necessary works at the tenant’s expense.
  • The landlord will complete the necessary works at the expense of the tenant.
  • The tenant will pay the landlord compensation equivalent to completing the necessary works, regardless of whether the landlord actually carries out the works.

How Bradley-Mason LLP can help

Dilapidations is a complex area that requires specialist expertise to advise and guide both landlords and tenants. The sums involved in disputes and litigation can run into millions of pounds, so getting the basics right at the beginning is of critical importance.

At Bradley-Mason, our experienced dilapidations surveyors provide extensive expertise and professional advice regarding potential dilapidations under new or existing lease arrangements. We can also help with regular advice in respect of interim dilapidations during the lease term. Whether you are a landlord concerned about your tenant’s breach of repairing obligations, or a tenant concerned about your landlord’s unrealistic dilapidations claim, we can advise on the obligations under the lease, ascertain the legal position and develop a strategy to agree an acceptable outcome.

Get in touch to discuss your dilapidations matter with our expert team.

 

 

DISCLAIMER: This article is for general information only and not intended as advice. Each project has its own set of unique circumstances, all potential issues should be investigated by a surveyor on a case by case basis before making any decision.

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