BF achieves £1.1M increase in dilapidations settlement offer

Client Name: Ashbourne Cedar Property Fund Ltd

Location: Hastings, East Sussex

Services: Dilapidations, and expert witness statements


The Brief

Brasier Freeth’s Building Surveying Team was instructed by our Landlord client to prepare a Terminal Schedule of Dilapidations in relation to their 7-storey 33,000 sq ft office building in Hastings.

The Journey

Upon instruction, as part of the preparation of the Terminal Schedule of Dilapidations a detailed analysis of defective cladding was necessary. This proved a lengthy and time-consuming process, involving the appointment, coordination and subsequent liaison with cladding specialists. Extensive testing and analysis of the cladding and roof were necessary to complete the Schedule.

The negotiations regarding the Dilapidations that then followed with the Tenants, proved contentious.  The Tenants had exercised their right to undertake repair works within the current term of their lease.  However, the works carried out didn’t adequately rectify the defects that had been identified.  Upon expiry of the Tenant’s lease, a further Schedule of Dilapidations was prepared and served. This was contested by the Tenants and papers were filed with the Courts by the Landlord to claim for damages.

In contemplation of the matter reaching court we submitted Expert Witness Statements and prepared a case to achieve a Dilapidations settlement.  In advance of reaching the Court, we prepared for a Mediation Hearing and attended the session to secure settlement of the claim on behalf of our client.

The Results

Thanks to the diligence and perseverance of our Surveyors, our client was saved from a Court Hearing.  Following lengthy Mediation, we achieved a £1.1million increase in the Tenant’s original settlement offer.

Our client, delighted with the result gave us further instructions to undertake the project management and contract administration role for the £1.25 million dilapidations repair works.