Blog

As we approach 2025 and embark on the festive season, we want to reflect on our recent accomplishments. We are proud to highlight key achievements, particularly in reducing dilapidation claims and helping tenants significantly save money.

I have written before about reinstatement of tenant alterations at lease end/break.

In the context of dilapidations, the reinstatement element can make up a significant part of the total claim; for offices, it can comprise the most part.

A recent article highlighted the significant decline in the number of nightclubs in the UK.

Alterations & Improvements. One of the three categories of breach in respect of which damages are claimed in dilapidations.

As many pubs struggle for survival, it is more important than ever that tenants understand what is needed to best limit their lease liabilities, both in taking new leases and on exiting.

Dilapidations negotiations are led by building surveyors, whether preparing the Claim for landlords or defending against claims for tenants.

We are pleased to announce the successful acquisition of new premises for Countrywide Estate Agents at Cornmarket, Derby.

The Pub People Company has recently added two new pubs to their portfolio. Dilapsolutions assisted with the acquisitions, providing dilapidations advice and reinstatement cost valuations.

We had the opportunity to collaborate with PMP to host an engaging live event for the Property Managers Association on Thursday, 21st March 2024, at the RICS Headquarters in Birmingham.

The greatest fear in dilapidations disputes is mounting legal costs if proceedings are issued. Hence the longstanding practice of serving Part 36 (or Calderbank) offers. But as less than 1% of dilapidations cases make trial these days, along with ever-increasing pressure to mediate first with a costs penalty for refusing, is that practice now outmoded?

Cary Group enlisted Dilapsolutions and their sister consultancy, Raeburn Consulting, to help with a business acquisition, which will strengthen their UK market share. 

According to a recent BBC article, 2023 is projected to have the highest number of companies going bankrupt since the financial crisis that occurred in 2009.

Here’s a top tip which illustrates that for business and leisure tenants subject to dilapidations claims, ensuring the settlement sum is minimised requires both the building surveyor and the valuation surveyor. That avoiding the expense of the valuation surveyor’s input is a false economy.

The attached evidences the consistently minimum achievable dilapidations settlement sums we secure for retail tenants, made possible by our unique offering of both Building Surveyors and Valuers, working together from the outset to ensure that the Section 18 (Diminution in Value) cap is applied to optimum effect.

We recently advised a tenant who was renting an office building in Regent Court, Leicester.

The key reason why any tenant settling a dilapidations claim using just a Building Surveyor (BS), will be paying out over the odds.

Today’s announcement by M&S that it is to bring forward the closure of 67 department stores is no surprise. What we are seeing in the retail property market generally right now is that even pre-existing planned store closures are being accelerated. 

These slides from a seminar presentation give an insight into how to minimise dilapidations settlements.

Paragraph 9.4 of the Dilapidations Protocol (the Protocol) could not be clearer:

“…in a case where the landlord has not carried out all the works specified in the schedule…it should provide a formal diminution valuation (DV)…”