COVID-19

We hope that this finds you and your family safely cocooned.

Of all that we try to hold safe right now, work pales somewhat, but lost incomes worry. Keeping some work moving effectively, if we feel up to it, is as good for some sanity, as it is both income and client satisfaction. We appreciate that the building surveyor’s lead role in dilapidations is severely curtailed for the foreseeable future, by restrictions on both movement and access.

Yet in this dystopian wilderness, leases will still continue to expire, and landlords will continue to have to make timely Claims in whatever way(s) they can be constructed for now. The reality, of course, is that even more dilapidations claims will arise, as ever more properties are vacated at lease expiry/break, due to the inability to occupy and operate.

We are however still safely and fully delivering our assistance to building surveyors and servicing instructions from solicitors and owners/tenants direct, as the preparation of comprehensive and compelling Section 18 Diminution Valuations (DVs) does not rely on physical inspection. We are providing these based on a range of: pre-existing knowledge of most locations UK-wide, research (online portals and nationwide peer contacts), assisted by any documents/exit photos etc. available. PLEASE NOTE that if you require a full Dilapidations Survey to prepare, or Respond to, a Schedule of Dilapidations, we CAN do this through our sister practice www.dilapsolutions.com Unlike many other dilapidations consultancies, both Radius and Dilapsolutions remain busy, and so none of our staff are furloughed.

Motives driving continuing instructions for DV’s (ie where Schedules of Dilapidations are already in negotiation) include:-

       For Tenants

  • To keep negotiations moving, using the DV report to portray the tenant’s common law position as still at, or above, the true level of loss (Diminished Value);

  • To send to the other side with a Calderbank/Part 36 offer to make a more compelling case for its acceptance;

  • To take the place of a common law "Response" to a Claim for now, when access cannot be gained for the foreseeable future.

  • Diminution Assessments (Accounting FRS 102) to legitimately reduce Corporation Tax liability to assist cashflow and make advance provision.

        For Landlords

  • To keep negotiations moving when "the works" have not been (fully) done i.e. pursuant to paragraph 9.4 of the Dilapidations Protocol;

  • To rebut an opportunistic Section 18/basic "no loss" approach by an opportunistic tenant;

  • To underscore the common law Claim already made.
Please telephone one of our mobile numbers, or email, to discuss a potential set of circumstances in which we can assist, on a confidential and non-committal basis. Please note that fee sharing arrangements can of course be agreed.



Paul J Raeburn BSc (Hons) MRICS DipArb FCIArb 
RICS Accredited Mediator
 
Neil Burridge BSc (Hons) MRICS ACIArb
RICS Registered Valuer

Chartered Institute of Arbitrators

CIArb exists for the global promotion, facilitation and development of all forms of private dispute resolution around the world to maximise the contribution that dispute resolution practitioners make.