building valuations

 

Beginner's Guide for tenants on

Leases and Dilapidations on

commercial properties

 

 

This is a brief explanation regarding what happens when you lease a property and subsequently if a Dilapidations claim is made against you. It is very difficult to summarise Leases and Dilapidations into a few pages and this is one of several articles we have written this being the introductory article. If you would prefer to chat to us on the phone for a friendly chat please call us on free phone 0800 298 5424. It is also worth having a look around our 1stAssociated.co. uk website to see if there are any other articles which may be of help to you and by all means print a copy for bedtime reading!

 

 

An explanation of Leases and Dilapidations in a few words

When you rent a property to run your business from you also agree to abide by a set of rules (covenants) as well as paying rent which is particularly important when you hand the building back. If you do not adhere to the terms of the lease a claim is made by the landlord against you which is called a Dilapidations claim or also known as a Dilaps claim. This is such big business that we would say that some landlord's almost specialise in Dilapidations as do some Surveyors and some Solicitors.

 

Dilapidations claims are as certain as death and taxes

A Dilapidations claim by the landlord is as certain as death and taxes although it often comes as a shock due to the tenants or lessee due to the amount of money that the claim is for and costs. Remember the rules (covenants) within the lease make you legally liable to carry out the various requirements and as such it is a semi legal process that you will be involved with if you negotiate with regard to the Dilapidations claim.

 

Typical damage found within offices

Ceiling tiles missing and water damage

Impact damage

 

Dilapidations is legal action against you based upon the Lease requirements.

You cannot simply just walk away from the building and remember the longer it takes you are normally running up costs liable for both your own costs and the landlord's costs in a typical lease. Some would argue that this is unfair but this is generally what happens. You may be liable for example to carry out repairs and redecoration for the building and also to insure the building as well as being liable for loss of rent and a whole host of other items that keep rising in cost the longer you take to settle the matter. Usually you are also liable for the landlord's solicitors too and remember solicitors are never cheap.

Numerous openings and old fixing points to brickwork

Landlord's do not like you altering buildings and not repairing the buildings.

 

How can you avoid Dilapidations claims against you?

If you have had a Dilapidations notice served on you then you need to talk to a Surveyor as soon as possible to establish you liability. It will be a different procedure if you are coming to the end of a lease to that if the lease has already ended.

 

Please see our surveying articles on:

A to Z Dilapidations

Dilaps and Poker playing

Compare Commercial Surveys

Commercial Surveys

 

Ways Surveyors can help you save money

Have your own Schedule of Condition carried out at the start of a lease

Surveyors can help you by protecting you at the start of the lease and preparing Schedules of Condition which detail what the property looks like limiting your liability.

Wet rot and black mould

 

Have your own structural report and strategic report carried out to help you negotiate

Specialist Dilapidations Surveyors can also provide a Structural Report to help you negotiate on the price you pay.

 

Strategic advice on getting out of your lease

If you contact us before the lease ends we can advise you how best to limit your future liability by reviewing the lease conditions and advising on what repairs, redecorations and other actions you have and have not got to carry out.

 

 

Strategic advice at the end of the lease and item by item negotiations to limit your liability

If the lease has ended we can help you to negotiate following the legal Protocol for Dilapidations. We can carry this out with hands on or hands off approach dependent upon how you wish to work.

 

The Dilapidations Protocol and the Dilapidations Guidance Notes

It should be remembered that the Dilapidations process is a semi-legal process and as such Surveyors will follow the Dilapidations Protocol. If the Surveyor is a Chartered Surveyor they will also be following the Royal Institution of Chartered Surveyors (RICS) Guidance Notes with regard to Dilapidations. There are various time perimeters within the Protocol as well as ways of working.

For example a Dilapidations claim should be served 56 days after termination of the lease and the response being within 56 days of receiving the Dilapidations claim.

Unpainted ceiling for many years Who should have painted the ceiling?

 

What does a Dilapidations Schedule look like?

Dilapidations literally goes through item by item of every problem and defect in the building that means the way you are handing back the building does not meet the lease requirements. Dilapidations literally identifies every mark and scratch to every door, every old fixing point and opening to the walls, any cables that remain that were not there originally with you being required to remove/repair; these will be relatively small sums but will add up to many thousands of pounds. We have seen this occur time and time again.

 

 

Free phone us for a friendly chat on 0800 298 5424 about Dilapidations and property management issues. We would also be happy to email you some examples of our tailor made reports, Schedules of Condition, Structural Surveys and Property Reports. We also find that Specific Defect Reports can be use where there is one problem or issue that needs resolving between the landlord and tenant.

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 content of the website is 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 website 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
Site Map

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

New Survey Software for more information click here Survey Software 1st | Modern Methods of Surveying

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?

Flooding

Rain

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

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

Midlands

North and North East

 

London

London Markets

London Parks

 

Wales

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