Insight

Insight

Technical Due Diligence in Commercial Property

Technical due diligence (TDD) enables those involved with the acquisition, occupancy and disposal of commercial property to understand and manage risk, make informed decisions, and future-proof their investments. Building services installations are more dynamic – and their associated issues often result in greater disruption and cost – than the building fabric elements, so M&E technical expertise and advice is a fundamental part of the TDD process.

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Advice

The new MEES regulations are here. So is the right support.

On 1 April The Minimum Energy Efficiency Standards (MEES) come into force, making it unlawful for a landlord to let or renew a lease on a property if the energy performance certificate (EPC) rating is F or G.

There are exemptions. There are common misunderstandings. And there is a support on hand to review EPCs, at risk properties and landlord and tenant obligations. Like it or not, MEES comes into force on 1 April but with TFT’s help the introduction need not be onerous.

Email us if you would like to discuss your portfolio with one of TFT’s MEES experts.

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Insight

Dilapidations in England and Scotland. Our new white paper highlights the differences.

To celebrate the continued success of our Edinburgh office, and the increase in dilapidations instructions we are managing north of the border for our clients, we present a paper on recent changes to Scottish dilapidations law and procedure, and we identify the main differences between dilapidations in Scotland and south of the border in England and Wales.

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White paper

TFT Dilapidations Flow Charts

The TFT Dilapidations Flowcharts are an industry first. They explain and demystify the various steps involved in a typical end-of-lease dilapidations dispute, identifying how a dilapidations liability is calculated. For the first time, complex issues such as the classification of fixtures and chattels, the reinstatement of alterations and disrepair are explained visually. The dilapidations dispute resolution process and options are also identified.

We hope the TFT Dilapidations Flowcharts will become a useful industry-standard resource for both clients and other surveyors to help improve the dilapidations process. At present, partly because dilapidations disputes can be highly complicated but partly also because many who dabble in dilapidations do not know the background to the issues, dilapidations disputes can become contentious, costly and time consuming. The TFT Dilapidations Flowcharts are part of our effort to improve this area of practice.

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White paper

TFT demystifies dilapidations

The TFT Dilapidations Flowcharts are an industry first. They explain and demystify the various steps involved in a typical end-of-lease dilapidations dispute, identifying how a dilapidations liability is calculated. For the first time, complex issues such as the classification of fixtures and chattels, the reinstatement of alterations and disrepair are explained visually. The dilapidations dispute resolution process and options are also identified.

We hope the TFT Dilapidations Flowcharts will become a useful industry-standard resource for both clients and other surveyors to help improve the dilapidations process. At present, partly because dilapidations disputes can be highly complicated but partly also because many who dabble in dilapidations do not know the background to the issues, dilapidations disputes can become contentious, costly and time consuming. The TFT Dilapidations Flowcharts are part of our effort to improve this area of practice.

Jon Rowling, Technical Partner:

We created these flowcharts to help demystify what can be perceived as an impenetrable and complex area of surveying and the law. Hopefully, with wider knowledge within the professions, dilapidations disputes can become less contentious, easier to understand and easier to settle. We hope you find the TFT Dilapidations Flowcharts helpful, perhaps even interesting!

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White paper

The TFT two step approach to supersession

Supersession is an undefined quasi-legal term used in dilapidations disputes. In broad terms, most understand it to mean that the actions of the landlord might (or might not) affect their ability to claim certain items from their former tenants. For the first time, an approach to supersession has been developed, based on standard principles of contractual damages claims, which suggests what issues are relevant and how to decide whether the landlord’s claim should or should not be ‘superseded’.

The TFT Two Step Approach to Supersession was used as the basis for the first instance of formal RICS guidance on this concept, within the current edition of the RICS Dilapidations Guidance Note (England and Wales), the author of which was TFT’s Jon Rowling.

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White paper

The Role of Property in Delivering Edinburgh’s Economic Potential

‘The role of property in delivering Edinburgh’s economic potential’, the latest research by ThinkBarn commissioned by TFT, makes it clear that the continued economic evolution of Edinburgh depends on the city’s ability to deliver continued improvements in productivity and growth.

Publication

The future of dilapidations? It’s here already.

The recent Dilapidations Forum Conference looked ahead to the dilapidations landscape in 2027. TFT Partner Paul Spaven and Chairman of the RICS Dilapidations Forum Steering Group summarises the issues in the December 2017/January 2018 issue of RICS Building Surveying Journal.

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White paper

Supersession: Mitigation and Causation

Supersession can be a largely undefined dilapidations concept. The two principles of mitigation and causation can be used to define the assessment of damages in dilapidations disputes. Our new White Paper, Supersession: Mitigation and causation, considers these concepts in more details.

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Advice

Dilapidations: Preparation and Negotiation

An e-learning CPD training video providing a background to dilapidations for all RICS surveyors and the M&E community.

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