Closely aligned to our dilapidations expertise is our service charge advice. Whether acting on behalf of landlords proposing to undertake remedial works to common parts of commercial buildings, or representing tenants who wish to check that the cost of their landlord’s proposed works are properly recoverable, we will review the terms of the lease, inspect the building and advise appropriately. This advice is normally supported by our M&E and sustainability specialists together with the cost consultancy and project consultancy teams.
Preparation for the works themselves, potentially years in advance, is recommended with the implementation of planned maintenance programmes. These take into account the technical requirements of the building fabric or M&E elements together with an appreciation of the various repair methods available; the opportunities and obligations for upgrades and environmental improvement works; an understanding of the terms of the various tenants’ leases; relevant case law and the limitations on recoverability.
Complex scenarios such as mixed-use schemes including residential elements require particular attention given the statutory restrictions on recovery.
Service charge disputes are common and can be referred to our dispute resolution specialists. Resolution via expert determination, mediation and arbitration are particularly suitable for service charge disputes.