Schedule of Condition for Industrial Sub-lease - Kent

In order to sub-lease an industrial unit Metcalfe Briggs Surveyors’ client wanted a Schedule of Condition.  Our survey was done externally and internally together with the grounds up to and including the boundary fences.  Notes and photographs were taken.

Our Schedule of Condition report was sent to the landlord and a number of small issues were discussed in order that the document could be agreed by the parties.

This document, signed on behalf of the landlord and leaseholder is the record against which dilapidations will be assessed at the end of the lease.

Thorough Schedule of Dilapidations & Large Claim - Kent

This modern but dated three storey office block in Ashford had been vacated by a public sector client who had made extensive internal alterations and subjected the property to very considerable wear and tear. A detailed survey resulted in a comprehensive Schedule of Dilapidations running to hundreds of items.

These were costed and a claim built up. Extensive negotiations including a site meeting with the tenant’s professional advisors and consideration of the VAT position resulted in a six figure settlement which was applied by the landlord to repair the building ready for re-letting. Much of the cost in this case related to reinstating the building back to its original configuration as required by the license for alterations.

Schedule of Dilapidations for Industrial Estate - Kent

Metcalfe Briggs Surveyors was asked to represent the landlord of a 1970s industrial estate of 16 units in Gillingham, Kent.

All the leases were coming to an end and the estate had a motley collection of tenants, some being in occupation under official sub-leases or sub-underleases and others on unofficial licence terms.

Considerable care was needed to ensure that the correct parties were identified.   We carefully surveyed all 16 units and then prepared separate schedules for each, combining where necessary where the same tenant occupied several units.

Some tenants opted to undertake the Schedule of Dilapidations works and others to reach financial settlement, some of them vacating and others remaining in occupation.   In order to follow through the dilapidations to a conclusion, it was necessary to monitor compliance of those who elected to undertake the work and to negotiate financial settlement with the others.

Resolution of the dilapidations enabled the landlord to ensure that the value of his investment was maintained and to grant new leases to new tenants or those remaining, satisfied that past neglect had been dealt with and ensuring a positive future for the estate.

Condition Surveys around Slurry Pipeline Mishap - Kent

Whilst drilling horizontally for a new pipeline within 200 metres of private residences in Kent, unforeseen geological conditions resulted in drilling slurry traversing horizontally and flooding out through a well adjacent to the front door of one of the houses.

The slurry flowed into the under-floor void, contaminating it.  It also flowed over the drive and the planting borders and caused a traffic hazard when it reached the nearby main road.

Consultation with the police, the fire brigade and the Environment Agency led to a prompt clean up operation.  

Metcalfe Briggs Surveyors were engaged by the drilling company to assist with their insurers to objectively assess the extent of the damage to the house and land and to scope the necessary clean up operation and remedial works to the newly refurbished period house.

Cost of Reinstatement After Intense Factory Fire - Kent

An intense fire destroyed much of the interior of an industrial unit which was part of a larger building owned by clients of Metcalfe Briggs Surveyors.   Smoke spread to the whole building, causing extensive contamination and the need for a major clear up operation.

Appointed under the terms of the insurance policy we quickly quantified the extent of the damage and the cost of reinstatement, including asbestos removal and dealing with gas, electrical and compressed air installations.

Liability was agreed with the loss adjustor and also the scope for the insured to apply the monies to best advantage in improving the unit in readiness for re-letting.

In addition to the usual constraints and need for transparency in specifying and procuring the necessary works, there was a need for precise accounting so that the loss adjustor could keep track of the insurance company’s exposure and the insured could be aware at all times of the monies at his disposal to make the changes which he required to the unit.

The result was a clean, well lit, modern unit ready for letting, with good lighting, good security, ample power distribution and CAT 5 cabling.

Insurance Negotiations After Swimming Pool Fire - Kent

A newly constructed indoor swimming pool was completely destroyed by an electrical fire which also spread to the extensive garages and outbuildings, resulting in a total loss, fortunately not spreading to the large rural house adjacent.

Metcalfe Briggs Surveyors were appointed under the terms of the householder’s insurance policy and arranged immediate site clearance and making safe, taking account of the presence of hazards such as vehicles, fuel tanks, gas cylinders and asbestos.

The necessary reinstatement works were specified and costed, taking account of the need to comply with modern building practices and regulations.  The opportunity was taken to re-design the collection of outbuildings which had accumulated over a long period into a unified whole, providing additional guest accommodation, garaging, stabling and storage facilities, in addition to reinstating the indoor swimming pool.

Negotiations took place with the insurance company, taking account of betterment and ultimately a six figure settlement sum was agreed, leaving the householder free to apply the proceeds to provide replacement accommodation to his specification.

Insurance Reinstatement Claim For Two Church Fires, Kent

On the same evening, two church fires were started deliberately in unconnected locations in Kent, one causing localised damage to the interior of the church and extensive smoke blackening and the second causing extensive damage to the stage and ceiling of a church hall and destruction of the oak plank flooring.

Metcalfe Briggs Surveyors were asked by the church to deal with both incidents, assessing the extent of the damage, much of which was caused by fire brigade water and by smoke, and to arrange the necessary repairs in collaboration with the insurance company as quickly as possible.

In the case of the church, a complete redecoration was needed due to smoke damage.   This was costly because of the need for internal scaffold but gave the opportunity to refresh the church colour scheme and to improve the lighting.   Certain exterior works of maintenance were undertaken at the same time and minor schemes of improvement were also discussed.

In the case of the church hall, reinstatement was required in the existing configuration and this necessitated replacement of the hardwood flooring at substantial expense.   The opportunity was taken to refresh the colour scheme, to provide a new enclosed storage area for tables and chairs and to upgrade the kitchen area to modern hygiene standards.

Insurance Reinstatement Due To Damage Caused By a Collapsed Wall, Kent

Late on New Year’s Eve a 200 year old eight foot high retaining wall collapsed, landing on the neighbour’s prestige car.

The ownership of the retaining wall was lost to history and both neighbours obtained reliable legal opinion that the wall was not theirs.

The insurers of both properties were approached and also the insurers of the damaged motor car and all disclaimed liability.

Causation had to be established and liability attributed but eventually, under the guidance of Metcalfe Briggs Surveyors, the two neighbouring owners agreed to progress the necessary remedial works jointly and to share the costs equally.

A feasibility exercise was undertaken, considering traditional construction, reinforced concrete, steel piling, gabions, pre-cast units, crib wall and hollow concrete blocks.

Civil and structural engineering advice was procured, a specification agreed upon in consultation with experienced civil contractors, and the works were successfully completed, resulting in an attractive brick finish and the addition of car park lighting.

Sewage Leaks Into Residential Basement

A majority utilities replacement programme resulted in a foul drain becoming broken under a residential street in Tonbridge, Kent and raw sewage leaking into a nearby basement, the residence of an elderly lady.

Metcalfe Briggs Surveyors were employed by the national utilities contractor to provide an objective assessment of the extent of the damage, the decontamination work necessary, the repair, drying and redecoration work necessary and any ancillary costs such as temporary re-housing which may be required.

Our inspection and report quickly established the true position, including pre-existing dampness, and enabled the contractor to obtain authorisation from insurers to proceed to quickly reinstate the premises without unnecessary delay.

Success at Arbitration - Residential Dispute, Kent

Our householder client had commissioned a design and awarded a contract for £241,000 for a high specification extension and refurbishment.  The contractor fell into delay and eventually ceased work.  He submitted a final account for £102,000 more than the contract sum. 

Metcalfe Briggs Surveyors was engaged by the householder and assessed the true value of the final account at £239,000.  We also determined that a substantial counterclaim of £45,000 for incomplete and low standard work was justified.

The contractor referred the matter to arbitration, during which the following issues were decided:

• Had the contract been terminated or repudiated?   Found in favour of the householder that the contract had been repudiated by the contractor.

• Should the contractor be allowed back to complete the works?  Found in favour of the householder, the contractor was not allowed to return.

• Payment due – found in favour of the householder that a substantial payment was due from the contractor to the householder.

• Standard of workmanship and completion – found in favour of the householder that there was £45,000 of incomplete or defective work.

• Damages – found in favour of the householder – general damages and costs were awarded.

Metcalfe Briggs provided detailed evidence during the hearing which formed a central part of the case decided by the Arbitrator.   Our client started with an incomplete, sub-standard project with a demand for £102,000 over budget and was facing expenditure of £45,000 to complete the works.  Success at arbitration meant our client was paid a substantial sum by the contractor and had all legal and professional fees reimbursed.  The householder was free, with funds to complete the works using alternative contractors.

Resolved Out Of Court - Residential Property Kent

A building dispute had arisen between a major housebuilder and the owners of a newly purchased prestige, high value detached house. Metcalfe Briggs Surveyors were instructed by the owners to assist in the resolution of a number of issues.  Whilst the house was of very considerable size, to a very high specification and standard of design, it was let down by finishing.

Metcalfe Briggs produced a clear report, identifying all the shortcomings and the remedial action needed.  This mainly involved external joinery and decoration, external pavings and drainage levels, deflection and cracking of brick arches over window openings, cracked and damaged pre-cast stone cills and other components, non-compliant flue terminations, non-matching pointing, a very large number of scratched sealed double glazed units and boiler failure/safety issues.

We were able to establish a positive dialogue with the housebuilder, resulting in a coherent programme of work, re-housing of the purchasers during the work and eventual satisfactory completion. This was achieved without resorting to formal dispute resolution procedures or Court action.

Resolved At Mediation - House Building Dispute, Kent

A bespoke prestige house was commissioned, based on architects’ plans at a contract value of £476K.

The project fell into delay and confusion because of incessant variations by the Employer, poor contract documents, inadequate mechanical and electrical design, inaccurate quantities and fundamental design changes.

Matters were compounded by late payment, the contractor being denied access to complete the work and failure to settle the final account, which was in dispute.

Metcalfe Briggs Surveyors was expert witness for the contractor in seeking payment, the matter being pursued in the High Court, and later referred for mediation.

The expert witness report and the evidence of Metcalfe Briggs was central to the contractor’s submission during mediation.  During mediation the Employer’s substantial counterclaim for incomplete works was dropped.  The result was that the contractor improved his position by £150K.

Party Wall Adviser on Council Redevelopment - Maidstone

As Building Owner, our District Council client wanted to demolish all buildings on two sites ready for redevelopment. Being surrounded by separate businesses, they were concerned to respect any Party Wall matters.

Our investigation showed that no business was affected by a Party Wall, Party Fence Wall or 3/6 Metre Notice so that the Party Wall etc Act 1996 did not apply. However, on a neighbourly basis, all Adjoining Owners were consulted, issues discussed and agreements reached to mitigate any impact on them prior to demolition commencement.

Building Owner's Party Wall Duty Breached - Gravesend

Metcalfe Briggs Surveyors agreed a Party Wall Award with the Building Owner’s surveyor. Subsequently it was found that the Building Owner’s obligations had been breached. Unauthorised scaffold and building materials had been placed on the Adjoining Owner’s land and an access cut through a boundary wall from our client’s land.

The weight of The Party Wall etc. Act 1996 was used to stop scaffold use until a Scaffold Licence was agreed and consideration paid to our client. We insisted materials were quickly removed and damage repaired expediently.

Party Wall Inspection to Settle Dispute - Wateringbury

The Building Owner contacted Metcalfe Briggs Surveyors as he had received a query from his neighbour that the foundations excavated for the Building Owner’s extension contravened the 3 metre rule under the Party Wall Etc. Act 1996. The Act states that if a footing is dug within 3 metres of an adjoining property and is lower than the existing footings of the adjoining property, the Act applies.

Inspection showed that the new footings did not exceed those of the neighbours; a report confirming matters was provided that satisfied the neighbour.

Landlord Dilapidations Report & Claim Help - Gravesend

This High Street Victorian property in Kent had been extended in modern times to provide additional open plan office accommodation and fitted out specifically for the use of the tenant, the DHSS as a Job Centre Plus and associated offices.

Metcalfe Briggs Surveyors acted for the landlord in assessing the disrepair, the extensive tenant’s alterations and other obligations and prepared a detailed Schedule of Dilapidations which was costed at a sum in excess of £250,000.

A specification of works for all disrepair, reinstatement of tenant’s alterations and decorations was written and competitive tenders from contractors obtained.  Valuation advice was sought under Section 18 of the Landlord and Tenant Act 1925 and a Part 36 offer was made under CPR Procedures.

Social Landlord Leasehold Dilapidations Survey - Kent

In 1914 a family trust created a lease of 99 years’ duration at a rent of £3 for a row of six tenanted cottages in Kent to provide accommodation under the Housing of the Working Classes Acts 1890-1909 – i.e. social housing.

Over the years the lease was assigned several times but on approaching expiry there was a need to assess dilapidations both for cottages which had become vacant and for cottages which were still occupied and where the tenants were hoping to remain after the lease had reverted to the landlord.

Metcalfe Briggs Surveyors acting for the Registered Social Landlord leaseholder, conducted a survey of the exterior and interior condition and decoration, assessed the extent of dilapidations liability under the lease and negotiated an agreed financial sum with the landlord in order to negotiate an early surrender of the lease and to ensure a smooth transition for the remaining residents.

The requirements of the public funding body for social housing had to be taken into account and, ultimately, the Social Landlord leaseholder decided to undertake repairs themselves and to hand the properties back at lease expiry in good repair, having taken advantage of standing arrangements with framework contractors in order to carry out the necessary repairs economically.

Estimating Cost for Schedule of Dilapidations - Ashford

Metcalfe Briggs Surveyors, acting for the tenant of an Ashford, Kent warehouse unit, were asked to advise on the contemplated assignment of the lease.

Naturally, the firm considering taking the assignment wanted to know the financial costs of the dilapidations liability that they would be taking on and Metcalfe Briggs put forward a proposed figure.

Our client wished for a firm figure having received a Schedule of Dilapidations from his landlord.

Metcalfe Briggs advised that the landlord’s Schedule of Dilapidations, costed at £108,000, was high and it was possible to negotiate a reduced settlement at £36,000 which, in turn, enabled the lease assignment to proceed at a figure close to that envisaged by the assignee.

For further information please contact us or visit our dilapidations FAQ pages.

Major Food Retailer Vacating a Shop - Longfield, Kent

This is a typical dilapidations case in a small Kent town.

Metcalfe Briggs Surveyors represented the landlord, a small investment fund, with a commercial lease to a major High Street food retailer.  Although a modern brick building it was being vacated in a neglected and unrepaired condition internally and externally.

Metcalfe Briggs Surveyors assessed the state of repair of the building and the extent of the tenant’s alterations to derive a cost for reinstatement.  We assisted the landlord in pursuing settlement of dilapidations of £57,000.