Insight: Jon Rowling

The TFT Purple Book: A guide to Dilapidations in the UK

The TFT Purple Book: A Guide to Dilapidations in the UK is a comprehensive guide which identifies the legal context, best practice, background to how and why dilapidations is dealt with as it is, and addresses areas of legal uncertainty. It aims to serve as a single point of reference from which the reader can develop a solid foundation of knowledge. It even considers cattle, children and ‘chattels-vegetable’ – and not many text books can make that boast.

You can read more and order the book here.

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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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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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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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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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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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TFT’s paper on dilapidations ADR identifies the options available in the UK

An article by Jon Rowling, who heads TFT’s dilapidations, service charge and dispute resolutions services, identifies alternative forms of dispute resolution for dilapidations disputes in the United Kingdom. Published in the Journal of Building Survey, Appraisal & Valuation Volume 6 Number 2, it suggests that the various forms of ADR should always be considered as a preferable approach to litigation.

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