About the Project.
Project Requirement & Process
Consul were appointed to act on behalf of the Landlord St Mungo’s to negotiate a dilapidations settlement. We were provided lease documentation and floor plans, we then attended the property to carry out a survey and prepare a dilapidations schedule.
Details
Client
St Mungo’s
Services Used
Survey Scope
To complete the survey, we took photos of all rooms within the building and noted all defects and required repairs. We could then utilise this information and refer to the lease to determine what elements should be included in the claim and what should not.
Challenges
- Inevitable risks associated with costly and time-delaying legal proceedings such as disputes and/or being served terminal dilapidations
- Consideration as to whether the Lease covenants or the circumstances at expiry of the Lease will allow a claim to be successful
Solution
Acting on behalf of St Mungo’s Community Housing Association we completed the Inspection of St Pancras Way which our client held the reversionary interest in. We completed a thorough review of the Lease covenants followed by an inspection of the property and prepared a Terminal Schedule of Dilapidations for service by the Client’s solicitor. This included a review of the Statutory Documentation held by the Tenant.
Result & Benefits to St Mungo’s
- Consul negotiated a full and final settlement on our client’s behalf
- Consul managed to agree the Terminal Schedule of Dilapidations with the landlord for the necessary work to be executed by the client – this avoided costly and time-intensive legal resolutions, if terminal dilapidations were served on St Mungo’s.
- Cost-effective – Attention to detail ensured all areas of liability were captured under the lease and the parties efficiently reached a fair and reasonable agreement
- Reasoned and pragmatic advice with understanding of PLA requirements, to encourage early resolution, thereby avoiding costly disputes and helping both parties to move on quickly after Lease expiry
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