Dilapidations refers to breaches of specific lease covenants primarily relating to repairing and redecorating obligations, obtaining consents for alterations and reinstating alterations, to yield up in accordance with the lease and to comply with statutory obligations. Such breaches are documented in a Schedule of Dilapidations which documents the alterations, defects or damages that a tenant is obliged to repair/reinstate or pay to have remedied during or (more commonly) at the end of a lease, prior to vacating a property.
MSA are able to offer a full service with regard to dilapidations whether acting for a landlord or tenant.
The role of the surveyors is to provide strategic advice on making or defending a claim. When acting on behalf of a landlord, MSA will identify breaches of covenant, recommend appropriate remedies, provide valuations towards the claim, prepare a schedule of dilapidations and negotiate with the tenant or their surveyor to achieve a settlement.
When acting on behalf of a tenant, MSA will review the schedule of dilapidations served and comment on the alleged breaches and suggested remedies and costs with an aim to negotiate with the Landlord or their surveyor to achieve a settlement.
Our service is provided in accordance with the Dilapidations Protocol and Civil Procedure Rules and includes an in depth review of your lease and other documents such as lease plans, licences, schedule of condition, inventories, notices, planning applications, remedies sought by the Landlord and the Landlord’s intention for the property. MSA will carry out a detailed inspection of the premises and collect data required to substantiate or defend a claim.
There are various notice procedures and defences/remedies available such as diminution in value and supersession. MSA can liaise with you or your solicitor to discuss the best approach to a claim.
Please contact us for further advice to establish how best we can assist in you.