Commercial Surveying Services, Birmingham

Commercial Services

Dilapidations

Dilapidations are breaches of covenant to repair a building which are contained in a lease between a landlord and a tenant.

Landlords seek to maintain their property assets by ensuring tenants comply with their repairing obligations under the terms of their lease. Prior to entering into tenancies, tenants should seek legal and professional surveying advice to understand what these obligations may entail.

We have a large amount of experience in acting for both landlords and tenants in this area of surveying. Acting for landlords in preparing claims or defending tenants against such claims, we draw upon our experience in building pathology, dilapidations law, building cost information, The RICS guidance note and The Dilapidations Protocol drafted by the Property Litigation Association.

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Building Surveys / Condition Reports

Otherwise known as pre-acquisition surveys, these reports provide clients with clear, informed advice as to the condition, maintenance liability and value of repairs required to premises. These are used prior to deciding to purchase the freehold or acquire a leasehold interest in commercial premises.

Schedules of Condition

Schedules of condition evidence the condition of premises prior to entering into a tenancy. Used to limit tenant repairing, re-instatement and sometimes redecoration obligations by agreement with the landlord, these can be extremely valuable documents at lease expiry in limiting a potential claim for dilapidations. With our knowledge of property defects, we are able to produce robust and factual documents for inclusion by solicitors within a tenancy agreement.

Planned Maintenance

Maintaining premises to retain the value of your asset or ensure compliance with lease obligations can be an expensive undertaking. With our knowledge and experience in property we are able to produce programmes for planned preventative maintenance works to prioritise expenditure and manage costs over specific periods of time, typically in the order of five years.

Reinstatement Cost Assessments

We can provide assessments of re-building costs for consideration by your insurers for insuring properties against total loss.

Contract Administration

When considering the alteration, extension or refurbishment of premises, we are able to offer Building Surveying services for acting as Contract Administrators to administer works on your behalf.

Licence for alterations

Most commercial tenancies prohibit structural alterations being made by a tenant but permit non-structural alterations with landlord's prior consent. We are able to act on behalf of tenants in obtaining such consents and for landlords in reviewing tenant's applications.

★ ★ ★ ★ ★

"We used the services of Eos Surveyors to negotiate the dilapidation schedule for our premises which we recently vacated. The situation with the landlord had become complicated due to many years of water ingress within our demise. We were impressed by Neil William's professional approach and extensive knowledge of the issues raised. He negotiated with the landlord's surveyors with a firm but friendly approach and ensured that our liabilities were kept to a minimum. We would not hesitate to use the services of Eos Surveyors in the future."

★ ★ ★ ★ ★

"When negotiations for a lease renewal broke down with the landlord as a result of the landlords demand for an excessive increase in rent the landlord thought they had all the cards and we would renew on their terms however extortionate. We chose to terminate the lease and move to alternative premises.

Legal advice had confirmed our rights on termination of the lease but the large international landlord pulled out all the stops and aggressively pursued us on the dilapidations. With a new shop to fit out and the cost of the move generally the Schedule of Dilapidations served by the landlord was just frightening. The figures were excessive and ridiculous and we knew we were up against the big boys who had the resources to push us to the limit.

Neil Williams of Eos Surveyors was recommended to us and we consulted him to review the Schedule of Dilapidations provided by the landlord and advise. Neil took control and we never looked back. Neil carried out his own inspection and reported back to the landlord’s surveyor with his findings. Neil reassured us that the figure requested was just the starting point and gave us confidence that he could negotiate to agree a reasonable settlement. He warned us it would be a slow process but not to give in. We settled at approximately 10% of the initial demand by the landlord - what a result!

Throughout Neil kept us informed and allayed our fears and anxiety confident that a reasonable result could be achieved. Without his support and reassurance throughout the several months of negotiation we would have struggled to cope and ended up considerably financially worse off at a time we could least afford it.

We would highly recommend Neil Williams and Eos Surveyors to guide you through the process of dilapidations to achieve a fair and just result."

L S Birmingham