We were contacted by a solicitor, who, on behalf of their client, was seeking to have a Schedule of Dilapidations prepared of a small retail unit in Balham. The Lease was due to expire shortly and the tenant had vacated the demise but not undertaken any works to address their dilapidation liabilities in accordance with their lease.
We provided advice to the solicitor explaining our approach and what information we required to progress the instruction. Following instructions from the solicitor, we reviewed the lease, identifying the clauses which set out the tenant’s obligations relevant to a dilapidations claim.
We undertook an inspection of the unit. The unit included a retail area to the front with ancillary accommodation to the rear. During the inspection we took detailed notes on the nature and condition of the different elements of the building and also took supporting photographs. The building and elements were also measured to enable the dilapidation costs to be calculated.
We prepared a Schedule of Dilapidations in accordance with the lease covenants. The Schedule of Dilapidations was drafted based on our findings during our inspection. The schedule set out the breaches of the Lease along with the proposed remedies.
The tenant has the option to undertake the works set out in the claim or agree a financial settlement. In the event the tenant wanted to agree a financial settlement the Schedule of Dilapidations was costed in accordance with the RICS requirements and set out on a Scott Schedule.
It is important that the Schedule of Dilapidations is served correctly to ensure the dilapidations claim is valid. The Schedule of Dilapidations was therefore issued to the instructing solicitor for formal service on the tenant.
Tim Greenwood and Associates are fully conversant with dilapidation procedures and protocols and able to provide advice and guidance to both landlords and tenants on dilapidations matters.
