Wednesday 22 May 2013

Has the Dilapidations Protocol changed the way surveyors interact?


From our experience - yes. With the introduction of a tenant’s surveyors’ endorsement in connection with the response – parties seem to be closer than ever in agreeing what is reasonable in terms of quantum. However, we have seen an increase in tenant’s exercising their break clauses, shorter lease terms often backed by a Schedule of Condition and as a result significant time expended on the legal interpretations of the repair and yielding up covenants.

Some exciting case law has recently further defined the definitions with regard to Section 18 valuations, the costs of the works and the landlords intentions. We intend to hold a seminar in the near future to discuss these matters in further detail.

Nicola O’Connor, Operations Director at Nick Bevan Consulting says “we are pleased to see that over the last 12 months the level of reality has increased over the real value of claims and that parties are much more pragmatic about the state of the market and veracity of their claim”

For more details and honest advice from the real experts in this field please contact us through our web site www.nickbevan.co.uk

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