--- title: Case Studies Individual | Node Building Consultancy description: Tenant client dilapidations claim negotiation services to mitigate dilapidations liability following landlord's service of a schedule of dilapidations image: https://www.nodebuildingconsultancy.co.uk/hubfs/Logo/Node_logo_rgb%201.svg --- [![Node Branded Logo Square](https://www.nodebuildingconsultancy.co.uk/hubfs/Node_logo_rgb%201.webp)](https://www.nodebuildingconsultancy.co.uk/?hsLang=en-gb) - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) - [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact) - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) - [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact) ![national-veterinary-services](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/national-veterinary-services.webp?width=150&height=100&name=national-veterinary-services.webp) ###### Alleged Liability Mitigation # Dilapidations Claim Negotiation Notional liability assessment through landlord's terminal dilapidations claim negotiation on behalf of the tenant client through to conclusion favourable conclusion [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact?hsLang=en-gb) ![rics](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Accreditations/rics.webp?width=177&height=64&name=rics.webp) An RICS Regulated Chartered Building Surveying and Project Management Consultancy ##### Industry Veterinary Supplies / Tenant ##### Services Provided Dilapidations Claim Negotiation ##### Location Stoke-on-Trent ##### Property Type Warehouse / Light Industrial Dilapidations Claim Receipt ## The Challenge Faced with a sizeable dilapidations claim in the face of an attempt to agree an early surrender deal, subsequently falling away, client sought to mitigate their alleged repairing covenant breach liabilities prior to the determination of the contractual lease term. ### Extensive Fit Out and Need to Remain Fully Operational ![NVS-Image-1](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Service%20Subpage/NVS/NVS-Image-1.webp?width=500&height=343&name=NVS-Image-1.webp)Attended over the course of a long period of occupation, client's alteration and addition works extended to the most part of the combined 100,000 sq ft warehouse site, situated across two neighbouring buildings. Landlord sought full reinstatement of client's attendances and broader schemes of repair. The lack of readiness of client's proposed future premises necessitated that the subject site must remain fully occupied and operational. A forward solution must thus enable minimal disruption whilst yielding the most favourable outcome financially. ##### Obstacles and Concern for Value The constraints afforded by the circumstances and client's brief were materially significant, with the sum of the landlord's Terminal Schedule of Dilapidations and associated claim large and appearing to offer little value to the tenant client.  The accrual of various repairing and reinstatement covenant breaches were recognised by the client, however, the extent of the alleged breaches appeared landlord favourable and related costs detached from what might have been considered to reflect market rates at the time. Alleged Liability Mitigation Approach ## The Solution Node Building Consultancy having been appointed in good time before the contractual term determination date, coupled with applicability of the statutory security of tenure provisions afforded by the Landlord & Tenant Act 1954, afforded client a broad range of dilapidations liability mitigation routes. ### The Power of Knowledge and Leverage In order to determine the market value of the works required to absolve client's alleged liability, an assessment of the claim was first carried out in order to qualify the components of that claim. Following appraisal of the landlord's claim and dismissal of numerous inclusions having regard for statute and precedent law, a strategically determined schedule of works was formulated and contractor costs procured. With costs known and an auditable trail in place affording those costs legitimacy, a firm basis for client favourable forward negotiation was established. The residual contractual term length, coupled with the opportunity to hold over beyond the term determination date, enabled Node Building Consultancy to make client representations to the landlord claimant on an assured basis. Node Building Consultancy's ability to negotiate a client (tenant) favourable settlement was immeasurably improved as the opportunity to attend works, if a financial settlement in lieu could not agreed, remained a wholly feasible alternate means of conclusion.  ![NVS Image 2](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Service%20Subpage/NVS/NVS-Image-2.webp?width=1000&height=483&name=NVS-Image-2.webp) Claim Negotiation Conclusion ## The Result Concluding a process extending over a two year period, the development of a alleged dilapidations liability mitigation strategy on a wholistic basis, with full consideration of the applicable landlord and tenant matters applicable, yielded a highly client favourable outcome. ### Maximising Savings Through Comprehensive Understanding Through the application of specialist dilapidations matter knowledge and understanding, gained over the course of a plethora of prior dilapidations claim pursuit an defence instructions, Node Building Consultancy developed and enacted a highly strategic solution. Claim savings, relative to sum of the dilapidations claim, in excess of £1.6m (76%) were achieved in settlement. In addition to the savings achieved, the solution arrived at also ensured client was able to continue their business operations without disruption. The agreement of client favourable financial and wider surrender deed terms enabled client to seamlessly relocate to new premises on timescales to suit them. > Node's expertise in steering the company through the complexities of lease related matters during a period of considerable change to our leased protfolio have been invaluable. Flexible and efficient, Node have a proven track record of performing in this area of our business. Statistical Analysis ## Strength in numbers Data and statistical analysis to provide case study context and aid understanding of the scale and closer particulars of the issue at hand. ## £1.6m ##### Client tenant saving achieved in conclusion, relative to the sum of the landlord's original claim ## 76% ##### Proportionate saving secured by way of surrender deed resolution of the claim for client ## 100,000 ##### Sq ft of warehouse / light industrial use property extending over two units on one site ## 2 Years ##### Instruction duration from original circumstance appointment through to final resolution ## Related Articles & Case Studies A selection of similar resources and contents in the arena of dilapidations matters thought leadership, claim preparation and negotiation for landlords and tenants. [See all posts](https://www.nodebuildingconsultancy.co.uk/articles?hsLang=en-gb) [![Browne_Jacobson_Logo](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/Browne_Jacobson_Logo.webp?width=222&height=70&name=Browne_Jacobson_Logo.webp) ![BJs Dilaps Case Study](https://www.nodebuildingconsultancy.co.uk/hubfs/Case%20Study%20Thumbnails/Webp%20Thumbnails/BJs%20Dilaps%20Case%20Study.webp)](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-browne-jacobson-dilapidations-claim-negotiation?hsLang=en-gb) #### [Mitigation of Alleged Dilapidations Liability Successful claim negotiation and conclusion on behalf of the tenant client yielding majority cost...](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-browne-jacobson-dilapidations-claim-negotiation?hsLang=en-gb) [22-Dec-2022](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-browne-jacobson-dilapidations-claim-negotiation?hsLang=en-gb) [![Dilapidations & Fixed Cost Recovery](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Articles/Article%20-%20Green%20Dilaps%20Fixed%20Costs.webp?width=350&height=425&name=Article%20-%20Green%20Dilaps%20Fixed%20Costs.webp)](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) #### [Dilapidations & Fixed Cost Recovery Dilapidations & Fixed Cost Recovery - Tenants to Celebrate Whilst Landlords Frustrate? Claims for...](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) [07-Jun-2024](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) [![NTU_Primary_logo_white](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/NTU_Primary_logo_white.webp?width=239&height=70&name=NTU_Primary_logo_white.webp) ![NTU Case Study](https://www.nodebuildingconsultancy.co.uk/hubfs/Case%20Study%20Thumbnails/Webp%20Thumbnails/NTU%20Case%20Study.webp)](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-ntu-notional-dilapidations?hsLang=en-gb) #### [Notional Dilapidations Schedule Assessment of the notionally accrued repairing covenant liability for mitigation strategy...](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-ntu-notional-dilapidations?hsLang=en-gb) [16-Jun-2024](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-ntu-notional-dilapidations?hsLang=en-gb) ## Get in Touch Seeking assistance with your commercial property matters, construction or refurbishment project needs? Then book a consultation, we’ll help you establish the best route forward and derive added value. [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact?hsLang=en-gb) [![Node Branded Logo Square](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Node_logo_rgb%201-1.webp?width=100&height=100&name=Node_logo_rgb%201-1.webp "Node Branded Logo Square")](https://www.nodebuildingconsultancy.co.uk/?hsLang=en-gb) Node Building Consultancy Limited trading as Node Building Consultancy. ![RICS logo white](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Accreditations/rics.webp?width=177&height=64&name=rics.webp) An RICS Regulated Chartered Building Surveying and Project Management Consultancy #### Services - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) #### Useful links - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) #### Contact [0115 772 2432](tel:0115%20772%202432) [info@nodebuildingconsultancy.co.uk](mailto:info@nodebuildingconsultancy.co.uk) #### Get in touch © Copyright 2026 Company Registration No. 10904656 [Privacy Policy](https://www.nodebuildingconsultancy.co.uk/privacy-policy?hsLang=en-gb) ```json { "@context" : "https://schema.org", "@type" : "WebSite", "alternateName" : [ "Node Building Consultancy", "Node" ], "description" : "Node Building Consultancy offers expert commercial building surveying and project management services tailored to meet your property needs.", "name" : "Node Building Consultancy", "potentialAction" : { "@type" : "SearchAction", "query-input" : "required name=search_term_string", "target" : "https://nodebuildingconsultancy.co.uk/search?q={search_term_string}" }, "url" : "https://www.nodebuildingconsultancy.co.uk/" } ``` ```json { "@context" : "https://schema.org", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "GB", "addressLocality" : "Nottingham", "postalCode" : "NG1 5BQ", "streetAddress" : "12 Regent Street" }, "alternateName" : [ "Node Building Consultancy", "Node" ], "department" : [ { "@type" : "LocalBusiness", "address" : { "@type" : "PostalAddress", "addressCountry" : "GB", "addressLocality" : "Nottingham", "postalCode" : "NG1 5BQ", "streetAddress" : "12 Regent Street" }, "hasOfferCatalog" : { "@type" : "OfferCatalog", "itemListElement" : [ { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Ensuring your project requirements are realised successfully, our architectural project services take schemes from inception through to completion via detailed contract documentation sets and competitive tendering exercises to ensure 'best value' is achieved. 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