A few thoughts from Vivien King on the RICS

(Royal Institution of Chartered Surveyors)

Guidance Notes and Dilapidations


We market the services of independent Surveyors. Surveyors pride themselves on a high standard of work. We can offer Schedules of Condition with regard to leases , Property Reports, Schedules of Dilapidations, Section 18 Valuations, Scott Schedules, Commercial Building Surveys, Structural Reports, Specific Defects Reports. Note these are not for bank lending but are to advise you how much we feel the property is really worth. If you have a property problem we may even already have written an article on it and we would refer you to the many articles we have on our home page 1stAssociated.co.uk. use independent surveyors who are more than happy to chat. Please Free phone us on 0800 298 5424 and surveyor will call you back.

Free phone 0800 298 5424

RICS Guidance Notes

Vivien King was on the RICS (Royal Institution of Chartered Surveyors) working group drafting party for this, and previous additions, of the RICS Guidance Notes as well as being on the PLA Law Reform Committee, which drafted the Protocol, which is within the Guidance Notes. As well as this she is a solicitor in the filed of dilapidations and an honorary member of the RICS.


The rules of dilapidations

Vivien King presented a case that many from the legal and surveying profession don't stick to the rules, which we would wholeheartedly agree with, and reminded us that the dilapidations claim which was for a breach of a covenant to repair and that it is based on the law of contract in the lease and not on what the landlord or the landlord's surveyor would like to have carried out to improve the building so it is more rentable!

Ultimately, if this does get to court and we appreciate that few cases do get to court (and we all appreciate that many in the legal and surveying profession take the risk), Civil Procedure Rules will apply and it therefore should be borne in mind when considering dilapidations that you need to follow the rules of the RICS Guidance Notes.


Many lawyers often left speechless by surveyors

We would just repeat that many lawyers are often left speechless by surveyors. It is a theme that we would agree with and Vivien King comments that she doesn't believe that some surveyors know the very fundamentals of dilapidations (and to be fair she also mentioned that some members of her own profession also leave her speechless) and that the PLA Protocol was set down to give a fair and sensible playing field to be adopted by the civil court.


Have the rules really changed?


Courts can exercise discretion as to how the costs should be awardedJohnsey Estates 1990 (Ltd) -v- Secretary of State for the Environment, Transport and Regions 2001, Ref: EGLR128

The point was made very well that you may win the litigation but a court can exercise its discretion as to how the costs should be awarded and they don't necessarily follow the event as they once did and exaggerated or understated cases will be penalised.





CPR Part 44, Rule 3

This states: in deciding what order (if any) to make about costs the court must have regard to all the circumstances, including conduct of the parties.

The conduct of the parties can be explained as:

conduct before as well as during the proceedings, in particular the extent to which the parties follow any relevant pre-action protocol,

whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue,

the manner in which a party has pursued, defended his case or a particular allegation or issue, and

whether a claimant who has succeeded in his claim in whole or in part has exaggerated the claim.

Vivien King then identified what all surveyors that had dealt with dilaps for many years know pretty well, that most claims are exaggerated by the landlord's side and understated by the tenant's side, which simply can't carry on any longer and Vivien King advises that she knows no other area of law where such exaggeration or understatement takes place.


Schedules of wants of repair without reference to the


Schedules of Wants of Repair

We consider the sins of all sins with dilapidations to be that a schedule is produced without reference to a lease. We would add to Vivien King's comments that we all know as surveyors that most leases have standard clauses. We do get very used to seeing the standard clauses and perhaps this is why sometimes schedules are produced without reference to the lease. However, it should not be the excuse, but more the reason, that we do look at leases to ensure that our schedules relate to them. Without this the schedules are useless, or in Vivien King's words they will render it valueless.


Business Environment Bow Lane Limited -v- Deanwater Estates Limited, formerly known as Gooch Webster Limited, and the exaggerated claim!

Whilst there are various complications to this case in essence a claim for £425,000 was made and a settlement agreed at about £1,000. The courts were asked to determine the costs. The Judge stated that he considered the claimant's (landlord) exaggerated claim prevented the defendant from analysing and assessing the claim against it, or settlement discussions taking place. The Judge made the claimant (landlord) pay the defendants costs.

This case means the pressure is on to put forward a true and sustainable claim and defence.


RICS Guidance Notes

  RICS Guidance Notes

The first point to be made was that it only relates to terminal claims. Terminal claims being defined as those that are served at the end of the term of the lease and doesn't relate to interim claims. Vivien King emphasises that the Guidance Notes are guidance notes and not a text book and she refers you to Dilapidations the Modern Law and Practice by Nick Dowding QC and Kirk Reynolds QC if you do want a good book on dilapidations.




Surveyors fees Who pays the surveyors fees?

A reminder was given to ensure that your fees will be paid by your client and that they don't expect you to obtain them from the tenant (assuming you are working for the landlord) and the clause is or isn't within the Lease.


RemedRemedy with a terminal scheduley with a terminal schedule


The surveyor is reminded that the landlord's only remedy is for a claim in damages and the claim should accurately reflect the landlord's loss in putting the property back to the condition stated within the Lease. However, if the landlord does intend to do other work, for example a refurbishment, its value will be less than the works which the tenant may otherwise be responsible for in some cases, we would refer you to Section 18.



The Schedule, things that would help the lawyer

The surveyor could help the lawyer/solicitor by using the format set out within the Guidance Notes as they should; itemise number referencing for each item and every item and most importantly itemise the relevant clause in the Lease that has been breached and details of that alleged breach.

See our other articles and reviews on Dilapidations:


The Lazy Solicitor and the Lease

How do Civil Procedure Laws Affect Dilapidations?

RICS Guidance Notes On Dilapidations

The RICS Dilapidations Guidance Note by Vivien King

Comment on RICS Dilapidations Guidance Note as Précised by Vivien King

Interim Dilapidations

Terminal Dilapidations

Your Lease in Plain English



Dilapidations help

If you need help and advice with regard to leases, dilapidations, schedules of condition, dilaps claims, scott schedules, building surveys, structural reports, engineers reports, specific defects report, structural surveys, home buyers reports or any other property matter please call 0800 298 5424 for a friendly chat. Please note we are independent surveyors.

If you would like Dilapidations Help then please visit our www.DilapsHelp.com website and for Disputes go to our Disputes Help site www.DisputesHelp.com .

We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).

The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision

All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of www.1stAssociated.co.uk.


building engineers

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright 1stassociated.co.uk

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert


Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?



Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients


First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information


Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West


North and North East



London Markets

London Parks



Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax