Dilapidations resolution consultancy
Cluttons has a dedicated team specialising in the field of dilapidations resolution. The dilapidations resolution consultancy team draws from disciplines across the firm including chartered surveyors with backgrounds in building surveying, property valuation, agency, quantity surveying and arbitration.
Our team deals with all aspects of dilapidations claims including advice prior to agreeing lease terms and has a clear understanding of the issues and complexities from both sides of a dispute. We specialise in larger, more complex claims and have a proven track record in acting for some of the most prestigious landlords and tenants. Each case is unique and we ensure our service and advice reflects this rather than attempting to make the process fit a standard approach.
We encourage our clients to be pro-active in managing dilapidations, to save time and costs. In some instances, this involves looking at the issue of dilapidations before the lease is agreed and as early as the agreement of the heads of terms.
We pride ourselves on seeking to avoid litigious disputes, but in the rare circumstances when litigation is the only option, we can assist in assembling the right team of solicitors, barristers and expert witnesses.
Key services include:
- pre-lease health check: advise prospective tenants on how repairing covenants might apply to their specific properties in practice and mitigating potential future claims, prior to agreeing terms
- covenant review: advise property purchasers on potential dilapidations and service charge issues prior to the purchase of new assets, including strength of covenant and covenant risk
- option to determine: provide strategic advice to ensure the successful operation of a conditional break clause
- covenant compliance: provide advice to tenants on how best to comply with the specific terms of their lease during the term
- repairs notices: a sometimes difficult and complex area, we provide advice to landlords on executing a repairs notice successfully as well as advice to tenants on what steps need to be taken when faced with repairs notices
- Financial Services Authority audit compliance: provide comprehensive assessments of future potential dilapidations claims for accounting purposes. Our report format has been designed to allow for updates and changes during the term of the lease thus saving time and expense on any subsequent assessments
- expert witness and independent expert opinion: if the worst should happen and a dispute becomes litigious, we can act as an expert witness to the court. Alternatively, we can provide independent expert opinion on a case prior to any decision to issue proceedings
- service charge dispute advice: provide advice to both landlords and tenants on the appropriate administration and application of service charges