Common Law Damages Claim

Terminal Schedule of Dilapidations

Inspection and preparation of a 'Dilapidations Protocol' compliant schedule of dilapidations, on behalf of the landlord client, in light of the then soon to determine leasehold interest of the tenant

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An RICS Regulated Chartered Building Surveying and Project Management Consultancy

Industry

Public Sector / Landlord-Investor

Services Provided

Dilapidations Schedule Preparation

Location

Chesterfield

Property Type

Warehouse / Light Industrial

Identification and Enforcement

The Challenge

In light of the then soon to determine leasehold interest of the tenant, documentation of those accrued breaches of repairing covenant was required on behalf of our landlord client, in order to prepare a 'Dilapidations Protocol' compliant terminal schedule of dilapidations.

Due Consideration and Application

Derbyshire-country-council-image-1In order to prepare an appropriate, compliant, terminal schedule of dilapidations, detailed review of the applicable lease documentation was first required, before inspecting the subject property with regard to those repairing covenants. The subject lease included for repairing and decorating covenants, albeit with the schedule of condition limitation applicable to the obligation to repair. The tenant further covenanted not to alter and comply with statute, amongst other obligations.

 
Limitation and Mitigation

In line with requirements of the 'Dilapidations Protocol', as encompassed by the wider applicable Civil Procedure Rules pre litigation protocol, consideration must be given to the landlord's intentions for the property in the preparation of the claim. Such consideration must have regard for the landlord claimant's forward intentions for the property, with wider factors also applicable as directed by both statute and precedent law. In order to prepare a terminal schedule of dilapidations and so claim on a robust basis, a specialist understanding of dilapidations matters was required.

Competitive Edge

The Solution

Though the application of our specialist expertise in both dilapidations claim pursuit and defence, a robust terminal schedule of dilapidations was prepared, working within the parameters of the Civil Procedure Rules (incorporating the 'Dilapidations Protocol'), law of statute and precedent. 

Forethought and Execution

Those limitations applicable to enforceable dilapidations claims act both to constrain claim contents and afford claim recipient tenants a myriad of benefits through mitigating circumstances.

Having had full and appropriate regard for the contents of the tenant's schedule of condition, as well as their wider repairing obligations as directed by the lease, a terminal schedule of dilapidations was prepared having full regard for all applicable case law and statutory limitations. The terminal schedule of dilapidations was prepared in such a manner that matters of supersession nor improvement were account for nor implied, acting to ensure the claim was proportionate and aligned with the landlord's intentions for the property going forward.

Inclusion of detailed quantification and considered cost estimation, relative to all claim components, acted to ensure accuracy of claim. Preparation of the terminal schedule of dilapidations in this matter, setting the ground for claim pursuit, ensured landlord expectation management and transparency to assist forward claim negotiation.

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A Sure Footing

The Result

The detailed, considered and proportionate approach to the preparation of the terminal schedule of dilapidations acted to accurately present the dilapidations claim in a transparent manner, aiding landlord and tenant negotiation through transparency and subsequently increased tenant understanding.

Education Through Communication

The claim recipient tenant, not being familiar with dilapidations claims, was able to grasp the principles key to dilapidations claims owing to the approach taken to terminal schedule of dilapidations preparation, instilling confidence.  Via the conduit of claim negotiation, utilising the terminal schedule of dilapidations as the bedrock for dialogue, further understanding was developed on the tenant's part, smoothing the way for ease of progression in favour of our landlord client.

Specialising in dilapidations claim preparation, pursuit and defence for both claimant landlords and defendant tenants, Node Building Consultancy are ideally placed to represent the interests of landlord and tenant clients in the enforcement of defence of claims. With a track record second to none in delivering highly client favourable claim outcomes, our breadth and depth of experience and expertise in the arena of dilapidations enables us afford our clients the competitive edge in negotiation and conclusion of any claim.

Our breadth and depth of dilapidations claim pursuit and defence experience and expertise acts to afford our clients the competitive edge in all claim negotiations and conclusion, whether amicably or otherwise.
The Statistics

Strength in numbers

A selection of data points applicable to this case study in order to give context and aid understanding of the closer particulars.

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