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.