Are you a landlord who intends to enforce the terms of a lease?
Are you a tenant unsure how to exit a lease?
What are leasehold dilapidations?
When there is a lease agreement between a landlord and tenant for the commercial occupation of accommodation, for example offices, a warehouse, retail or commercial operations, the lease will contain covenants, amongst others, in respect of how a tenant must maintain a property during their occupation and give it back (yield up) at lease end (termination).
This usually relates to repairs, decorations, tenant’s fixtures and statutory requirements and if complied with should result in the premises at lease end being in the same condition as it was before the lease.
If not complied with it is a breach of the lease obligations which has financial implications for the landlord and for the tenant.
If you are a landlord who intends to enforce the terms of the lease or you are a tenant who is unsure how to exit a lease or have received a schedule of dilapidations, Metcalfe Briggs Surveyors has the knowledge and experience to advise on the available strategies to meet your objectives.
We are Chartered Building Surveyors who are fully conversant with the current edition of the RICS Dilapidations Guidance Note and the pre-action protocol for claims for damages in relation to the physical state of commercial property at the termination of the tenancy (the dilapidations protocol).
Metcalfe Briggs Surveyors provides the following leasehold dilapidations professional services:
- Detailed inspection of the lease to establish the liabilities arising from the lease covenants.
- Client advice of the situation and the options available to address the matters arising that will assist you to meet your objectives.
- Completion of a detailed survey of the premises.
- Production of a Schedule of Dilapidations / Scott Schedule for service on the tenant.
- Production of a response to a Schedule of Dilapidations / Scott Schedule on behalf of a tenant taking consideration of legislation and the mitigating factors.
- Meeting and negotiation with the landlord’s / tenant’s surveyor to finalise the claim.
- Production of a Schedule of works and obtaining competitive tenders from contractors.
- Contract administration of the works to completion.
pre-lease professional services
- Production of a schedule of condition to limit the tenant’s repairing liability that is appended to a lease prior to commencement.
- Pre-lease building survey and report to establish the condition of the premises prior to lease agreement that may be used to negotiate terms or to limit liability.