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# DILAPIDATIONS

Forewarned is Forearmed

## Sitemaps

- [XML Sitemap](https://www.dilapidations.net/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [SLIDER1](https://www.dilapidations.net/slider1/)
- [DILAPIDATIONS EXIT STRATEGY - ORANGE](https://www.dilapidations.net/dilapidations-exit-strategy-orange/) - The Brief Over the course of this 3 year mandate Cushman & Wakefield LLP Building Consultancy have advised Orange PCS on exit strategy and have negotiated and settled 8 considerably major dilapidations claims, and are currently negotiating a further 2, both of a terminal and break option nature. One particular case study which illustrates where
- [LEASE RENEWAL NEGOTIATION](https://www.dilapidations.net/lease-renewal-negotiation/) - The Brief We were instructed by Volvo Car UK Limited to carry out a dilapidations assessment in order to facilitate negotiations with the landlord regarding lease renewal. At this time Volvo were undecided whether to contract their demise or relocate. We undertook a two stage report:- Detailed dilapidations assessment in order to facilitate negotiations with
- [DILAPIDATIONS EXIT STRATEGY CORPORATE OCCUPIER](https://www.dilapidations.net/dilapidations-exit-strategy-corporate-occupier/) - The Brief Instructed by a Confidential Client to undertake end of term dilapidation assessments following the recent merger of two companies, and decision to centralise the majority of data centre facilities within 35 offices across Mainland Europe and the Middle East. The project brief was to establish end of term dilapidation liabilities and reinstatement obligations
- [RETAIL DILAPIDATIONS - CORPORATE OCCUPIER](https://www.dilapidations.net/retail-dilapidations-corporate-occupier/) - The Brief Over the course of this 3 year mandate Cushman & Wakefield Building Consultancy have advised Orange Retail on exit strategy and have negotiated and settled 12 dilapidations claims, both of a terminal and break option nature. The project brief was to: review lease documentation; survey the properties prior to lease expiry; assess the

## Pages

- [CONTACT DILAPIDATIONS](https://www.dilapidations.net/contact-dilapidations/) - Alex Charlesworth FRICS Partner Head of UK Building Consultancy Cushman & Wakefield LLP 43-45 Portman Square London W1A 3BG Tel: +44 (0) 20 7152 5338
- [VAT DILAPIDATIONS](https://www.dilapidations.net/vat-dilapidations/) - VAT in respect of dilapidations is a complex subject with its own set of rules, regulations and case law. Opinions are usually divided, and much will depend on the circumstances. Where a tenant is making a payment to a landlord in full and final settlement of its dilapidation liabilities, under HM Revenue & Customs (HMRC)
- [OPERATING A BREAK CLAUSE - IT IS EASY TO FAIL](https://www.dilapidations.net/break-clause/) - Break Clause - Is yours Conditional? Operating a break clause is not simply a case of submitting a formal notice to terminate the lease in accordance with the break clause requirements. Break clauses will almost always contain specific requirements for performance. Failure to appreciate the true meaning may lead to severe ramifications. Neglecting to strictly
- [VACANT POSSESSION](https://www.dilapidations.net/vacant-possession/) - ‘Vacant Possession’ is Often Misunderstood with Costly Repercussions The requirement for an occupier to give up the premises with ‘vacant possession’ is often found within the yield up or break clauses and has potentially serious implications. In a 2011 Court of Appeal case NYK Logistics (UK) Limited vs. Ibrend Estates BV [2011] EWCA Civ 683,
- [WHY IS DILAPIDATIONS COMPLEX AND COSTLY?](https://www.dilapidations.net/dilapidations-complex/) - The case history behind dilapidations, and the vagaries of UK law, means dilapidations is complex and often costly. Dilapidations is unique to the UK and is part of a legal procedure based on breaches of covenant within a lease, the legal remedy of which is often a claim for damages. It is enforceable in a
- [WHY USE US?](https://www.dilapidations.net/why-use-our-dilapidations-team/) - Our dilapidations team are considered to be market leaders, and have a reputation in the industry for hard hitting dilapidations, acting for both Investors and Occupiers. We thrive on problem solving and negotiating through the complexities of Dilapidations. The intricate and high profile projects undertaken by our team ensure that we have a deep understanding of
- [SERVICES REQUIRED DURING OCCUPATION OF AN ASSET](https://www.dilapidations.net/services-required-during-asset-occupation/) - Whether you are an Investor or an Occupier, there are a number of different Building Surveying services which are likely to be required during the occupation phase of the property life cycle. Planned Preventative Maintenance This effectively provides an itemised schedule of essential repairs likely to be required over a period of 5-10 years with
- [DO DILAPIDATIONS WORKS OR SETTLE £ ?](https://www.dilapidations.net/do-works-or-settle/) - Should a Tenant Do The Works? – A Tactical Consideration The word ‘Consideration’ is key, and Cushman & Wakefield will provide specific tactical advice in this regard. It is sometimes useful to have full costed schedules of works in order to threaten, as a tactic, to do the works in lieu of a cash settlement.
- [SERVICE CHARGE RECOVERY](https://www.dilapidations.net/service-charge-recovery/) - One of the most important aspects of maintaining a landlord’s investment in a property, is to ensure that it is kept in repair, and more fundamentally, that the costs incurred are paid by the tenants. The aim of this artcle is to establish what principles govern the term repair, whether a landlord can claim for
- [SECTION 18 VALUATION COURT CASES](https://www.dilapidations.net/section-18-valuation-court-case/) - In the light of Clause 4.8.5 & 10 of the Protocol, a section 18 valuation is required where works are not being undertaken. Two key cases clearly demonstrate where a Section 18 (1) valuation may severely reduce a potential claim. In the case of Ultraworth Limited V General Accident Fire and Life Assurance Co. Limited
- [SECTION 18 OR A DIMINUTION VALUATION?](https://www.dilapidations.net/section-18-diminution-valuation/) - A Section 18 (1) Valuation provides a statutory cap for damages, by calculating the difference by which the value of the landlord’s interest has been reduced on account of the breaches of lease covenant. This is otherwise known as the ‘diminution in value’ of the landlord's interest. Where a building is in disrepair at the end
- [REDUCE END OF TERM DILAPIDATIONS LIABILITY](https://www.dilapidations.net/reducing-dilapidations-liability/) - What Precautions Can a Tenant Take to reduce dilapidations liability before Lease end? Dilapidations strategy in most cases is specific to each property, lease terms and the landlord’s intentions. There are a number of tactics available which may help mitigate the cost of dilapidations. Some of these are listed below; A tenant is recommended to
- [PROPERTY LIFE CYCLE1](https://www.dilapidations.net/property-life-cycle1/)
- [PREPARING A TERMINAL DILAPIDATIONS CLAIM](https://www.dilapidations.net/terminal-dilapidations/) - and Quantified Demand The two prevailing documents which govern the method by which dilapidations is practised is firstly the Protocol and secondly the RICS guidance note on dilapidations. These documents dictate the method by which Dilapidations is practised. The draft Pre-Action Protocol 3rd Edition dated May 2008 (expected to be adopted 2010) and the Fifth
- [MARKET INFLUENCES ON DILAPIDATIONS TACTICS](https://www.dilapidations.net/market-influences/) - The property market is an integral part of the field of dilapidations and influences our thinking on many aspects of the subject. The Bad Times During a market downturn, market conditions dictated an oversupply of office space in some areas and a lack of demand in others. The result is much higher incentives and more
- [FIXTURE OR CHATTEL?](https://www.dilapidations.net/fixture-or-chattel/) - What is a Fixture or a Chattel? Whilst Lord Justice Rimer provided some clarification of the term vacant possession, there is still ambiguity in respect to the interpretation of chattels and the extent to which an occupier is obligated to remove them from the property under the requirement of giving up the premises with vacant
- [DILAPIDATIONS SERVICES](https://www.dilapidations.net/dilapidations-services/) - Our team have a reputation in the industry for hard hitting dilapidations services. Our innovative approach and lateral thinking ensures value is added to our clients. Our services include: Terminal schedules of dilapidations Negotiating settlements on behalf of both landlords and tenants Dilapidations assessments Break clause advice Exit strategy and recommendations Expert witness Contract administration
- [DILAPIDATIONS SERVICE SELECTOR](https://www.dilapidations.net/plc-dilapidations/) - Where are you on the property life cycle? Use this interactive image to select the dilapidations service you require, or would like to learn more about;
- [DILAPIDATIONS PROTOCOL IS LAW](https://www.dilapidations.net/dilapidations-protocol/) - The Dilapidations Protocol is Law. The Dilapidations Protocol was formally adopted by the Court Rules on 1st January 2012, and is now therefore Law in England & Wales. The process took over ten years to be finally accepted. During this period the Property Litigation Association (PLA) and the Royal Institution of Chartered Surveyors (RICS) have worked
- [DILAPIDATIONS NEGOTIATIONS](https://www.dilapidations.net/dilapidations-negotiations/) - Dilapidations negotiations can be complex and tricky; Under the terms of an occupational lease, a tenant will have a legal liability for undertaking repairs, decoration and reinstatement works during and at the end of the lease term. A dilapidations claim arises when a tenant vacates space either at the lease break point or at lease
- [DILAPIDATIONS NEGOTIATIONS USING THE PROTOCOL](https://www.dilapidations.net/dilapidations-negotiations-using-the-protocol/) - (The following is an extract from an article written for the Building Surveying Journal by Alex Charlesworth, Cushman & Wakefield. It appeared in the December 2013 issue and is available here for download) End Of Tenancy Etiquette While the Dilapidations Protocol is now commonplace, there is still the perception that it is a rigid inflexible
- [DILAPIDATIONS EXIT STRATEGY](https://www.dilapidations.net/exit-strategy/) - Whether you are an occupier or an investor, our strong advice is to act early in order to ensure the dilapidations and exit strategy can be approached methodically and that all options are available for consideration. Investor’s Exit Strategy Advice As an investor, you are likely to be considering a potential future tenant's requirements and
- [DILAPIDATIONS DEFINITIONS](https://www.dilapidations.net/dilapidations-definitions/) - Dilapidations is complex and often costly. It is part of a legal process and there is a myth and misunderstanding of dilapidations definitions and terminology. This article aims to define some of the key terms used, which will help identify the services required, and demystify the process that is dilapidations; Break Clause – specific clause within a
- [DILAPIDATIONS ACROSS EUROPE](https://www.dilapidations.net/dilapidations-across-europe/) - Our Approach to Dilapidations Across Europe People We are one team, we know each other, and we work well together Our team is geographically spread to service EMEA Portfolios Experience We employ the ‘Best in Class’, to deliver the ‘Best in Class’. We are experts in Dilapidations We aim to provide ‘Cradle to Grave’ occupier
- [CONTAMINATED LAND AND DILAPIDATIONS](https://www.dilapidations.net/contaminated-land-and-dilapidations/) - - In Relation to Dilapidations The field of contaminated land in relation to dilapidations is still a grey area and there is no specific case law on the subject. However it is worth raising awareness in relation to dilapidations as this may potentially have huge implications if a claim was brought by the landlord against

## Categories

- [Articles](https://www.dilapidations.net/category/articles/)
- [Case Studies](https://www.dilapidations.net/category/case-studies/)
- [Dilapidations Services](https://www.dilapidations.net/category/dilapidations-services/)
- [Front Page](https://www.dilapidations.net/category/front-page/)
- [News](https://www.dilapidations.net/category/news/)
- [Occupier Case Study](https://www.dilapidations.net/category/occupier_case_study/)
- [slider](https://www.dilapidations.net/category/slider/)
- [Investor](https://www.dilapidations.net/category/investor/)
- [Occupier](https://www.dilapidations.net/category/occupier/)
- [Legal](https://www.dilapidations.net/category/legal/)
- [Break Clause](https://www.dilapidations.net/category/break-clause/)
- [Negotiations](https://www.dilapidations.net/category/negotiations/)
- [Practice & Procedures](https://www.dilapidations.net/category/practice-and-procedures/)
- [Exit Strategy](https://www.dilapidations.net/category/exit-strategy/)
- [Terminology](https://www.dilapidations.net/category/terminology/)
- [Archived](https://www.dilapidations.net/category/archived/)
- [Valuation](https://www.dilapidations.net/category/valuation/)

## Tags

- [Break Clause](https://www.dilapidations.net/tag/break-clause/)
- [Contact](https://www.dilapidations.net/tag/contact-2/)
- [Contaminated Land](https://www.dilapidations.net/tag/contaminated-land/)
- [Cost](https://www.dilapidations.net/tag/cost/)
- [Court Action](https://www.dilapidations.net/tag/court-action/)
- [Definitions](https://www.dilapidations.net/tag/definitions/)
- [Dilapidations Protocol](https://www.dilapidations.net/tag/dilapidations-protocol/)
- [Dilapidations Specialist](https://www.dilapidations.net/tag/dilapidations-specialist/)
- [Diminution in Value](https://www.dilapidations.net/tag/diminution-in-value/)
- [Do Works or Settle?](https://www.dilapidations.net/tag/do-works-or-settle/)
- [Exit Strategy](https://www.dilapidations.net/tag/exit-strategy/)
- [Fixture or Chattel?](https://www.dilapidations.net/tag/fixture-or-chattel/)
- [Improvements](https://www.dilapidations.net/tag/improvements/)
- [Landlord Claim](https://www.dilapidations.net/tag/landlord-claim/)
- [Liability](https://www.dilapidations.net/tag/liability/)
- [Life Cycle](https://www.dilapidations.net/tag/life-cycle/)
- [Negotiations](https://www.dilapidations.net/tag/negotiations/)
- [Planned Preventative Maintenance](https://www.dilapidations.net/tag/planned-preventative-maintenance/)
- [Pre-Action Protocol](https://www.dilapidations.net/tag/pre-action-protocol/)
- [Quantified Demand](https://www.dilapidations.net/tag/quantified-demand/)
- [Remediation](https://www.dilapidations.net/tag/remediation/)
- [schedule of condition](https://www.dilapidations.net/tag/schedule-of-condition/)
- [Section 18 (1)](https://www.dilapidations.net/tag/section-18-1/)
- [Service Charge Recovery](https://www.dilapidations.net/tag/service-charge-recovery/)
- [Tactics](https://www.dilapidations.net/tag/tactics/)
- [Tenant's Works](https://www.dilapidations.net/tag/tenants-works/)
- [Terminal Schedule](https://www.dilapidations.net/tag/terminal-schedule/)
- [Vacant Possession](https://www.dilapidations.net/tag/vacant-possession/)
- [Valuation](https://www.dilapidations.net/tag/valuation/)
- [VAT](https://www.dilapidations.net/tag/vat/)
- [What Service?](https://www.dilapidations.net/tag/what-service/)
- [Contamination](https://www.dilapidations.net/tag/contamination/)
- [European Dilapidations](https://www.dilapidations.net/tag/european-dilapidations/)
- [dilapidations services](https://www.dilapidations.net/tag/dilapidations-services/)
- [Interim Dilapidations](https://www.dilapidations.net/tag/interim-dilapidations/)
- [reinstatement cost assessment](https://www.dilapidations.net/tag/reinstatement-cost-assessment/)
- [dilapidations assessment](https://www.dilapidations.net/tag/dilapidations-assessment/)
- [partitioning](https://www.dilapidations.net/tag/partitioning/)