Client Brief:
We received instructions from our Client to prepare surrender agreements with the Landlord’s Surveyor’s for six locations across England and provide dilapidation damages claim defences for the Tenant at sites where they had been served with a terminal schedule of dilipidations by the Landlord’s Surveyors.
Key Issues
- Tenant had occupied the buildings for a substantial period of time and had adapted them to suit their business operations.
- Client wanted to be released from their Lease obligations within a very short time frame in order to adhere to their strategic business plan
- Substantial damage claims across the portfolio had to be reduced to achieve client objectives.
Solutions
- Write specification and tender some elements of work at various sites, in order to reduce the damages claim, including Contract Administration where appropriate.
- Enter into negotiations with the Landlord’s surveyors, to reduce the damage claims
Results
- Within the Clients stipulated time frame we successfully negotiated the Client’s exit from the various sites.
- FPS reduced the damage claims across the sites from 1.5 million pounds to approximately £65,000.00
|
Within the last two years FPS has provided Tenant defence dilapidation services to Remploy Ltd, who we have a long history of working closely with on various types of property related projects.
Remploy Ltd have over recent years been strategically re-gearing their operations, which has involved terminating several of their lease agreements in order to move out of the warehouse and factory units which they had previously occupied for many years. FPS were commissioned to provide Tenant dilapidations advice in respect of negotiating lease surrender agreements on buildings which had several years left to run and provide Tenancy defence dilapidation services where the buildings were nearing the end of their lease agreements and Remploy Ltd had been served with a Terminal Schedule of dilapidations by the Landlords. |
|
In the past two years we have negotiated Remploy’s release from six sites across England whilst supporting them on numerous other sites with defect analysis, Schedule of Condition, Planned Maintenance, and project managing the works required to bring the buildings up to a standard that the Landlord’s find acceptable before yielding up.
The six sites we have recently been involved with all had various Landlord’s Surveyor’s acting for them, who prepared independent damages claims which combined totalled approximately 1.5 million pounds. Through a combination of negotiation and carrying out some of the works requested in the schedules of dilapidations by the Landlord’s we managed to save Remploy Ltd approximately £900,000.00 across the six sites. |
|
Dilapidation is complicated and constantly evolving area of property law which is most effectively dealt with by Chartered Building Surveyor’s such as FPS, who have both the specialist technical building knowledge and the legal understanding to prepare a robust defence or claim, on behalf of the Client.
