Dilapidation Settlement at 50% of the Claim - London

Metcalfe Briggs Surveyors were appointed by an education provider who had vacated two floors in this West London office building. A near six figure claim was put forward by the landlord based mainly on suspended ceilings, scruffy condition of the carpets, internal decorations and the need to strip out tenant’s alterations.

Careful analysis of the lease liabilities, a review of the landlord’s contractors’ tenders for the necessary works and detailed negotiations led to a settlement at around 50% of the original claim. In this case the tenants had no responsibility for the exterior of the building but nonetheless a substantial claim had to be settled. This could have been budgeted for at the beginning of the lease had appropriate professional advice been taken at that time.

Leasehold Dilapidation Settlement at 40% - East Sussex

Metcalfe Briggs Surveyors were appointed by the tenant of this small provincial secondary office where a Schedule of Dilapidations totalling £12,500 had been served by the landlord. If successful, this would have resulted in a claim in the region of £16,000. Metcalfe Briggs Surveyors made a detailed inspection of the building and an analysis of the Schedule of Dilapidations.

A Scott Schedule with costings was prepared and the relevant legal principles were applied. Taking account of the commercial realities of the situation and the contemporary lettings market a settlement at £6,000 was agreed with the landlord.

Dilapidations Claim on Industrial Units - West Country

In this case our client, an industrial occupier with multiple premises across the country, wished to vacate one unit and move into another in the same locality.

They were naturally anxious to minimise their dilapidations liability on the property being vacated and to protect themselves against future dilapidations on the new property being occupied. Settlement was reached on the property being vacated at approximately 50% of the amount claimed.

The new premises had been subject to an inadequate refurbishment in preparation for letting but after negotiations by Metcalfe Briggs Surveyors the refurbishment was completed to a higher standard including the provision of a new roof thereby ensuring a trouble free period of occupation by our client.

Dilapidations Schedule & Settlement Repairs - Cambridge

This case involves a Cambridge City centre commercial property where Metcalfe Briggs Surveyors were instructed by the landlord. The tenant, a major clearing bank had vacated two years earlier.

The property had effectively been abandoned although the keys had not been returned and the lease was continuing. The lease was for internal repair only with the exception of the shop front externally. A survey revealed extensive asbestos and problems with the drains.

A detailed schedule of dilapidations and costings resulted in a significant settlement enabling the landlord to arrange for contractors to enter the property on the day after the lease end to affect the necessary works ready for re-letting.

Condition Survey & Tenants Dilapidation Advice - London

This is a case where Metcalfe Briggs Surveyors advised the client, a major Further Education College, on entry to and exit from the building at the end of the lease (Christmas Eve). Before the start of the lease extensive fit out works were undertaken by the landlord for the prospective tenant.

Some years later, on operation of a break clause by the tenant, the landlord submitted a substantial schedule for dilapidations on the basis of reinstatement of these fit out works. Metcalfe Briggs Surveyors records were vital in proving that the “alterations”, the removal of which were now being demanded, were in fact landlord’s works carried out before the start of the lease and therefore part of the building and with no requirement for reinstatement. The client was advised that the best strategy for the remainder of the schedule of dilapidations, which largely involved carpets, decorations and minor repairs, was to undertake the works to the required standard and vacate cleanly by the required time, which in this case was midnight on Christmas Eve.

Even once the works were complete, a further substantial schedule of dilapidations was received, but detailed records enabled Metcalfe Briggs Surveyors to demonstrate that this was without justification. The net result was that Metcalfe Briggs Surveyors client was able to vacate the building for costs in the region of £25k by undertaking the necessary works to a controlled programme rather than for a cost of in excess of £100k which was being claimed by the landlord.

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.

Dilapidations Schedule & Landlord's Settlement - Gravesend

This case involves a shop in Gravesend, Kent, being a three storey building of 1970s construction.  Metcalfe Briggs Surveyors acted for the landlord with a lease to a major national charity who had, in turn, sub-let to a shoe retailer.

This small building had fallen into significant disrepair.  Based on our costed schedule Metcalfe Briggs Surveyors was successful in negotiating a settlement of £40,000 for the landlord.

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.

Calculating & Settling Dilapidations Liability - London

The occupier of these two London industrial units which were originally leased to a government funded body had made extensive alterations over the years and were approaching the end of their lease. Finding the premises a little too large and no longer ideally suiting them, they had the opportunity to negotiate a new lease or to secure alternative premises but without knowledge of their likely dilapidations liability, decisions were impossible.

Metcalfe Briggs Surveyors were asked to advise, made an inspection of both buildings, studied the lease, license for alterations and other relevant paperwork and estimated the dilapidations liability which enabled the client to make a decision to secure alternative premises having accrued a sum to settle with the landlord.
 
Metcalfe Briggs Surveyors were subsequently instructed to negotiate settlement with the landlord and having previously advised the tenant to budget £333k, settlement was reached at £300k, approximately £76k less than the claim. Again, a large element of the claim in this case was reinstatement of alterations, the cost of which can easily be budgeted for in advance.

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.

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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.