Many tenants only think about obtaining professional advice after receiving a substantial dilapidations claim.
By that stage, the landlord may already have prepared a detailed schedule and started negotiations.
An independent surveyor can help a tenant understand what they are actually being asked to pay for.
What can a tenant’s surveyor do?
A surveyor can review the landlord’s schedule and consider:
- The relevant lease obligations.
- The condition of the property.
- The alleged breaches.
- Proposed remedial works.
- Repair and reinstatement requirements.
- The reasonableness of the claimed costs.
- Potential areas for negotiation.
The precise scope will depend on the instruction.
Do tenants always need one?
Not necessarily.
A small claim with straightforward items may not justify extensive professional involvement.
However, where the claim is substantial or contains complex repair, reinstatement or alteration issues, the cost of independent advice may be relatively small compared with the potential exposure.
Can a surveyor reduce the claim?
A surveyor cannot guarantee that a claim will be reduced.
Their role is to provide an independent technical assessment.
That assessment may identify items that are not supported by the lease, work that appears excessive, alternative remedial approaches or costs that require further evidence.
These findings can then assist with negotiations.
When should you appoint one?
Ideally, as early as possible.
A tenant may benefit from surveying advice before the landlord’s schedule is prepared, during the preparation of the schedule, or after receiving a completed claim.
Early involvement can sometimes allow issues to be addressed before they become more difficult or expensive to resolve.
What about an exit survey?
Where appropriate, a tenant can commission an independent inspection before the lease ends.
This can help identify potential dilapidation issues while there is still time to consider whether works should be undertaken.
Stokemont’s advice
If the potential dilapidations liability is significant, professional advice should not necessarily wait until the final claim arrives.
An independent surveyor can provide a technical assessment of the property’s condition and help the tenant understand the issues before negotiations become entrenched.
