Landlord Advice

Practical Tips For Landlords

In our combined years of expertise dealing with dilapidations cases we have learned many practical steps landlords can take:

• If your tenant does not allow access in the run-up to lease expiry, then carry out your dilapidations survey within days of lease expiry/break.
• If there are COVID-19 restrictions or other access issues meaning that ordinary dilapidations surveys are not possible, inspections by specialist contractors engaged in safety (plumbing, gas, electrical etc.) and security (boarding up) work are most likely still will be. Arrangements can be made for those contractors to take a comprehensive schedule of internal and external photographs whilst there. We can provide a checklist tailored to the property. These can then be compared to what our Dilapidations Surveyor finds at a later detailed survey, in turn protecting you if a tenant’s surveyor argues that defects have worsened, or arisen, following lease expiry.
• Many leases have a Jervis -v-Harris clause allowing landlords to enter into a property during the term of the lease to remedy serious breaches of the tenant’s duties to repair. Using this clause is well worth considering when a lease expiry (or break date) is still some way off, but you are worried about your tenant’s solvency, or the risk of their company entering into a CVA to escape any liabilities. You can then carry out the (serious) works and recover the cost from the tenant as a debt due.
• When letting a property, your tenant may ask for a Schedule of Condition. This accurately records the condition of your property, ensuring that when the lease expires, it is clear what has deteriorated. Whilst helping the tenant, it also helps to enforce your landlord's rights. Our chartered building surveyors will carry out a building survey and advise on the details of breaches and priced repairs and negotiate accordingly. This will make it clear what needs to be remedied by the outgoing tenant or if not done, what compensation you are owed.

What Happens At Lease Expiry?

• At lease expiry, if your tenant is in breach of the lease and has not maintained the condition of your property, we uniquely provide the two disciplines of chartered surveyor required to offer informed landlord advice and achieve the best outcome when you claim damages.
• New landlord rules became part of the law in 2012 with the introduction of the Dilapidations Protocol (‘the Protocol’). This protocol will be triggered and its steps must be followed.
• Our chartered building surveyors will survey your property, identify breaches of covenants to repair, decorate and reinstate alterations, and prepare the Schedule of Dilapidations and Quantified Demand to be served upon your tenant.
• Our network of experienced chartered building surveyors advises on all commercial property types throughout the UK & Ireland, securing your landlord rights. They will negotiate your claim for damages to the highest possible potential settlement figure. Where negotiated settlement cannot be reached, the best outcome will then be pursued in ADR, usually mediation.
• If a tenant advances a Diminution in Value defence to try and reduce the eventual payment they make, we will examine and provide a robust rebuttal on your behalf.
• As a landlord, you may also need a Diminution in Value Report because the new landlord rules (the Dilapidations Protocol) state that one must be produced if the landlord is not doing all of the works claimed.