At dilapsmadesimple.com we uniquely provide the input of both the Chartered Building Surveyor and the Chartered Valuation Surveyor, so ensuring that you are advised and led to the minimum possible settlement figure in your dilapidations disputes.
Paragraph 9.4 of the Protocol, which is law under the Civil Procedure Rules (CPR), requires that where a landlord has not carried out (all) the claimed works, it must ‘provide a formal diminution valuation’.
This diminution valuation is provided by a valuation surveyor, not a building surveyor.
It must therefore be provided by a landlord who is not doing (all of) the claimed works, as well as invariably being a powerful weapon for the outgoing tenant to use, whether or not the landlord is doing some or all of the works. That is because the impact on value is usually far less than the costs of doing the works. We have numerous Case Studies to illustrate this fact.
We skilfully employ the section 18 (1) ‘statutory cap’ of damages for dilapidations payable to a landlord being the lower of the cost of works or impact on freehold value, throughout the entirety of the countries in which it applies, namely England & Wales.
There are similar statutory caps which apply in both Ireland and on the Isle of Man which we also use to maximum effect.
Whilst there are no similar statutory caps applicable in Northern Ireland or Scotland, our associate building surveyors still always negotiate best possible settlements within the common law frameworks applicable in each jurisdiction.
So we are consistently and constantly securing best outcomes in dilaps UK-wide.