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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.

3 Reasons You May Need A Dilapidation Survey

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As one of the leading dilapidation surveyor specialists in the UK, Bradley-Mason LLP act for landlords and tenants in all aspects of dilapidations and leasehold repair. Our proactive approach to advising on dilapidations ensures compliance with the dilapidations protocol and is designed to avoid unnecessary costs, so that a settlement can be reached without the need for legal recourse.

Commercial dilapidation surveys are essential, especially if you are a contractor, developer or landlord about to start a new project. The in-depth property survey assesses and documents the state of building elements and structure including minor wear and tear. A detailed report reveals the work required to restore the property back to its original condition before the tenancy.

Dilapidations surveys are needed to give landlords an insight into whether maintenance contracts have been adhered to in accordance with the terms of the tenancy agreements. Works such as building construction, developments, infrastructure projects, road works, excavations and demolitions have the potential to cause faults in structures if the correct precautions are not taken, making any damage costly to remedy. Since it is often hard to prove how this happened and who is to blame, a dilapidation survey may be a good idea.

By commissioning an independent third-party surveyor, fairness is guaranteed for all parties involved, while bias and underhand techniques used to create or prevent additional works or affect the financial implications can be eliminated. Commercial properties from across all sectors including office, retail, leisure and industry are likely to have a need for a dilapidation surveys.

Here are three key reasons as to why a dilapidation survey may be required:

  1. Dilapidation surveys are a useful precautionary measure, highlighting the existing condition of the property including any areas that may be vulnerable to damage, and protecting the interests of all parties in the event of a claim.
  2. Dilapidation surveys are a useful tool to help understand the condition of the structures before any construction work, enabling precautions to be taken in order to minimise damage, and to aid with site restoration after the work has been completed.
  3. Dilapidation surveys provide solid written evidence to counter any fraudulent claims and liabilities, protecting the interests of all stakeholders in the event of any claims that may arise.

At Bradley-Mason LLP, we recommend that dilapidations are considered at an early stage and well in advance of the Lease end, whether we are acting on behalf of a landlord or tenant. Landlords will find it useful to know the condition of the building before the Lease expires so that the tenant can be fully notified of any works required. While some landlords prefer early implementations so that the work can be carried out and monitored for quality, others may choose a cash settlement instead. In either case, it is advisable to develop a strategic approach to facilitate the best outcome for all concerned.

For expert advice and to discuss your requirements, please get in touch.

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Dilapidations: what are your rights as a commercial landlord?

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When a commercial lease agreement comes to an end, the ensuing dilapidations process can be tricky and is often contentious. Put simply, dilapidations represent ‘exit costs’ for the tenants, associated with returning the property back to its original, pre-let state. When a Schedule of Dilapidations is presented to the tenant, it can often come as an unwelcome surprise, and disputes can arise.

As a landlord, it’s worth remembering that dilapidations are there to hep protect your interests from the actions of your tenants. You may find it help full to carry out a dilapidations survey on your commercial property as the end of the tenancy is approaching, in order to smooth the process.

Let’s take a look as your rights as the property owner and how you will be protected.

Why do you need a dilapidations agreement?

Dilapidations agreements are primarily put in place for your benefit as the property owner. When your tenants were first presented with the lease contract, it will most likely have contained repairing obligations to make your tenants liable for the condition of the property, including decoration covenants to ensure the building is kept in a reasonable state, and alteration and reinstatement clauses. Crucially, the contract will also stipulate that any amendments to the property must be restored to their original state at the end of the lease or tenancy.

These legal clauses are for your protection, ensuring that when the tenants vacate the building, your property remains in the same rentable condition as it was before they took possession.

What happens when your tenant moves out?

Before you tenant vacates the property at the end of the tenancy or lease, it may be necessary to notify them that you plan to enforce any dilapidations agreement in order to return the property to its original condition.

A building surveyor will draw up a Schedule of Dilapidations which sets out the required repairs, renovations and redecorations and the costs associated therewith. Should your tenant refuse to honour this agreement, either party can take legal action, so that a fair settlement can be reached and any payments enforced.

What is the process for pursuing dilapidation payments?

In the event that the terms of the dilapidations agreement have not been met by your tenant, or that any repairs and amendments are not of the required quality, you should consider taking further action.

While it is in both parties’ interests to settle the matter out of court, you may have no choice to pursue the matter through the proper channels if the tenant refuses to engage, refuses to make the changes you requested, or you feel that you may have been wronged.

At Bradley-Mason LLP, we typically advise our clients to carry out a thorough property inspection before the end of any tenancy agreement, so that ample time is provided to allow for any dilapidations disputes to be settled out of court – a quicker and lower cost option all round.

What happens if the matter goes to court?

If the dilapidations dispute does go to court, you will be required to produce evidence of the tenancy agreement along with evidence of the property’s condition following the most recent tenancy.

Based on the evidence and testimony provided by yourself and your tenants, a judgement will be made by the courts. If they rule in your favour, the tenant will be required to pay for the dilapidations and cover your legal fees too.

However, there are occasions where natural processes (e.g. subsidence) may have taken their toll. If the property was in poor condition, this in itself may also have resulted in a dilapidation, for which the tenant may not be responsible. In many of these instances, you may have to rely on insurance cover for the building repairs.

 

Dilapidations can be a complicated and often contentious matter that can be notoriously difficult to resolve. This is where our dilapidation surveys can offer real benefits. Our dilapidation surveyors will help identify the areas where damage or alteration to the property has occurred and where tenants are liable for repairs. We can even provide expert assistance to help with any court cases.

To find out more about commercial dilapidation surveys at Bradley-Mason LLP and how we can help you, contact us today and we will be delighted to answer any queries.

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