Bradley-Mason LLP are one of the leading Commercial Dilapidations specialists throughout the UK who act for a variety of Tenants and Landlord’s in all aspects of Dilapidations and Leasehold repair matters. We have developed a proactive approach to advising on Dilapidations and when acting for either Landlord’s or Tenant’s we have adopted a fresh approach, which ensures compliance with the Dilapidations Protocol and aims to avoid unnecessary costs and reach settlement without the need for a protracted dispute or a legal claim.
Dilapidations is wide ranging and is often misunderstood by many, in particular confusion between the obligations under Commercial Leases and those typically experienced under a residential Lease. We can offer advice on the basic issues arising from Leasing a property to ensure your liabilities on the demised, through to providing Expert Witness advice on claims which have fallen into dispute and are proceeding to Court. Our Team of specialist Building Surveyors throughout the UK act for a variety of corporate clients in all sectors, together with private Landlords and Property Funds.
CONSIDER DILAPIDATIONS EARLY
Whether acting for a Landlord or Tenant we consider it is essential to consider Dilapidations at an early stage and develop a strategic approach to any situation to ensure strength and weaknesses are known and managed and a suitable strategy developed for each situation. It is important to fully understand the Lease and other documents applicable to each claim and fully understand our client’s business aims which run parallel to any Dilapidations issue.
We can offer advice in respect of potential Dilapidations under an existing Lease when a company is being acquired or an existing Lease assigned. We also provide regular advice in respect of interim Dilapidations which occur during a Lease. Whether you are a Landlord concerned over your Tenants lack of maintenance of your property or a Tenant who considers their Landlord is claiming unrealistic works, we can advise on the obligations under the Lease, what legal protection is in place and develop a strategy to agree a suitable outcome.
Check out the individual areas below to learn more about how we can help you with your Dilapidations requirements
WHAT IS A DILAPIDATION SURVEY?
Dilapidation Surveys are used to record the condition of a property prior to the commencement of a new tenancy, or ahead of planned construction works. Their purpose is to identify any existing faults so that liability can be properly attributed for any claims or disputes regarding damages later down the line.
WHAT DOES A DILAPIDATION SURVEY INCLUDE?
When carrying out a Dilapidation Survey, our surveyors will assess internal and external features, including, where applicable:
- Internal and external wall condition (cracks, settlement, distortion etc.)
- Flooring, including carpets, timbers and tiles
- Ceilings and ceiling features (coving and cornices included)
- Roof and roof structures
- Existing internal and external fixtures
- Rainwater goods including gutters and downpipes
- The walls and roof of any adjacent and adjoining structures
- External grounds including footpaths
We routinely carry out Dilapidation Surveys on a variety of properties, including commercial units, apartment blocks, educational facilities, industrial premises and public spaces.
WHAT IS THE DILAPIDATION SURVEY PROCESS?
During a Dilapidation Survey, your surveyor will document all observed faults using an appropriate combination of notes, photographs and sketches, and using various equipment to ensure that all observations are as accurate as possible. These findings are then compiled into a detailed report that may be used to satisfy the requirements of a construction contract or lease agreement.
DO YOU NEED A DILAPIDATIONS SURVEY?
Whether our client is the Landlord or Tenant, we recommend that Dilapidations are considered well in advance of Lease end, to ensure the most favourable outcome on both sides. For Landlord’s, it is very useful to know the condition of the building well in advance of the end of the Lease and ensure the Tenant has been fully notified of the works required. Some Landlords prefer the works to be implemented and by notifying the Tenant early, the works can then be monitored to ensure defects are not hidden and the quality of work is adequate. Other Landlords may prefer a cash settlement and by raising Dilapidations early there is the option of negotiating an agreement with the Tenant.View our Dilapidations Case Studies
SETTING DILAPIDATIONS PRIOR TO LEASE END
For the Tenant, reaching an agreement prior to Lease end can be beneficial as it often saves time and money, in particular in avoiding a protracted dispute with the Landlord. A Tenant will always want to leave the property without incurring any additional costs, especially as once the Lease has ended they no longer have control over how the Landlord implements the repairs. A Landlord’s claim can then quickly escalate and additional costs are claimed, including loss of rent, professional fees and other costs. By understanding the potential works early enquiries can be made to establish historic events, competitive quotations can be obtained and early dialogue entered into with the Landlord to try and reach a satisfactory outcome. Some Tenants also implement periodic surveys during a term to assess the works they will need to do when the Lease ends and ensure the standard of maintenance throughout the Tenancy is to a good standard and reduces future Dilapidations.
Our team of qualified professionals will ensure you will always receive the best advice from an experienced Dilapidations Surveyor. We work throughout the country, from London to Leeds and beyond. We also work with a broad range of businesses from SMEs through to national and international franchises.
HOW MUCH COULD YOU SAVE?
Over the last 12 months we have:
- Saved an average of 50% on all settlements
- Been instructed to act on national portfolios totalling over 2,000 sites
- Handled over 150 individual claims for Tenants, with 90% agreed before lease termination
- Prepared and managed over 50 claims for Landlords, with 75% settled within three months
A testimonial from one of our Dilapidations clients
“Working on TJX Europe’s behalf, Bradley Mason have achieved very advantageous settlements for each of our recent TK Maxx store and DC closures. Not only were these secured below expenditure expectations, but Bradley Mason also managed the process very smoothly, working closely with our contractors to deliver outstanding results.”
Claire Kenney – AVP Property, TJX Europe