24 Hanover Square, London, W1S 1JD info@lorenzconsultancy.com +44 (0) 207 629 9898

Dilapidations

Almost every Landlord and Tenant relationship involves dilapidations, which prompted the formation of Dilaps UK, of which Anthony Lorenz is one of the founders.

An end of term Dilapidations claims, and defence against them, from a Landlord often comes as a bombshell to the recipient Tenant. A Tenant's reticence to carry out necessary work can land them, not only with the cost of the works, but also continued rent liability.

The Lorenz Consultancy has specialised for many years in dilapidations claims, for both Landlords and Tenants, to such an extent that we even advise clients on Dilapidations issues when drafting or signing leases respectively.

The Courts are there to protect both sides in the event of dispute, and our expertise in this field, usually allows us to achieve negotiated settlements to mutual satisfaction of both parties.

We specialise in substantiating claims for Landlords and minimising payments or the cost of works for Tenants. We even supervise works on the rare occasion where financial settlement by negotiation fails.

Whichever side we are acting for, we can virtually guarantee getting the "best result" out of any dilapidations negotiations.

Anthony Lorenz
Anthony Lorenz
E: This email address is being protected from spambots. You need JavaScript enabled to view it.
DDI: 0207 647 4040
M: 0778 894 5180
View My Page

DEFINING, DE-MYSTIFYING AND DELIVERING ON DILAPIDATIONS

Established in October 2009, already with 26 offices Nationwide, Dilaps UK run by Paul Lande is the fastest expanding firm of Surveyors, ever responding to local demand from Corporate Occupiers and Landlords seeking Specialist Dilapidations advice.

In simple terms, Lande explains: "Dilapidations liabilities are contained in most Commercial Leases, obligating the Corporate Occupier to return the premises to a defined condition on the expiry of a lease, whether this is determined by effluxion of time or exercise of a break clause. Dilapidations are breaches of repairing and decoration covenants contained in the Commercial Property lease."

However, if left to the uninitiated, aggravation over dilapidations can not only prove financially very costly, but can prove extremely time consuming too. The issue of "dilapidations" tends to be raised only at the end of the lease (or very near to its end) adding the pressure of time, plus missing out on possible tax savings which can be overcome via professional expertise.
Dilaps UK, a forward thinking, proactive Specialist Company, is challenging the whole process of Dilapidations. A localised and Specialist Dilaps UK Surveyor not only has detailed knowledge and experience of the law governing this complex, minefield, but also up to date local knowledge of Commercial Property values

Dilapidations negotiations are a niche service within the field of Surveying. One of the most important skills is the commercial ability of the Surveyor to weigh up the potential result of litigation versus negotiation, in order to confidently advise the Client as to which avenue to pursue. We advise the Tenant of those items which are truly attributable to the dilapidations claim, and the Landlord how to secure the maximum payment in the minimum timeframe.

Lande advises: "The appointment of a Dilapidation Surveyor makes as much sound sense as an Accountant to prepare your financial accounts, or a Lawyer to handle your legal affairs. The services on offer can best be summarised as follows:-

TENANT SERVICES

Most Corporate Occupiers feel overwhelmed when served with their first Schedule of Dilapidations. This is a lengthy, highly detailed, legal document detailing the Dilapidations liabilities. The Dilapidations process can only be effectively handled by a Dilapidations Specialist who can represent the best interests of the Corporate Occupier to ensure that the Landlord does not take advantage.

For example, whilst there is a legal requirement to reinstate the premises to its original specification, the Landlord's Claim is capped by the difference in value if the Corporate

Occupier had abided by his Covenants, and the value if he has not, based on the Landlord's intentions. If the Landlord intends to redevelop, the Corporate Occupier's liability might be nil.

Dilaps UK provides the following Tenant Services:

  • Preparation of Schedules of Condition
  • Interim defence of Schedules of Dilapidations
  • Terminal defence of Schedules of Dilapidations
  • Strategic assessment and advice for financial accounting
  • Repairs Notice advice
  • Expert witness services to Court
  • Minimisation of the landlord's Claim
  • Management of repair and construction contracts

Accountants and Business Advisors now advise Corporate Occupiers to accrue for any anticipated Dilapidations costs in an appropriate time period. Accounting for Dilapidations reduces tax liability, but only if accurately and professionally assessed. Dilapidations liabilities do not go away. They need to be assessed on an on-going basis for Corporate Occupiers by Specialist Dilapidations Surveyors with a detailed knowledge of the local area. Local knowledge is key to optimising the claim.

LANDLORD SERVICES

Landlords should also seek advice and protection from Specialist Surveyors. A properly assessed and presented dilapidations schedule can prevent disputes with Tenants that can result in a protracted negotiation before money is collected

Using a Specialist Surveyor is even more vital when assessing limitation of a Landlord's Claim, when seeking damages against the Corporate Occupier for non-compliance with Lease Covenants.

Dilaps UK provides the following Landlord services:-

  • Preparation of Schedules of Condition
  • Preparation of Interim Schedules of Dilapidations
  • Preparation of Terminal Schedules of Dilapidations
  • Final Claim negotiation
  • Strategic advice to Landlords approaching the Tenant's lease expiry.
  • Negotiation of Landlord's Schedules
  • Review of "stalled" Dilapidations negotiations
  • Expert witness work.
  • Supervision of works

Using Dilaps UK, Landlords now have the opportunity of a fast and clear appraisal of their Tenant's liabilities, combined with the tactical knowledge to pursue an effective claim from start to finish."

Dilaps UK is committed to providing the UK's leading Dilapidations advice, service and negotiation. All Managing Partners are senior Industry figures and have proven track records of success. Dilaps UK is able to respond to all local Clients professionally, and in a proactive manner.

Dilaps UK promises to revolutionise and de-mystify the rather antiquated Dilapidations business.

Give Us a Call