The latest Dilapidations Flowcharts – Scotland are reproduced by TFT’s dilapidations specialists Jon Rowling and Neil Wotherspoon and attempt to identify the manner in which the law, as understood, and dilapidations procedure, as understood, are generally amalgamated in practice. To view the full set of flowcharts, click the link below.
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.
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.
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!
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.
‘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.
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.
Cardiff’s long history as a capital and industrial city has submitted to global economic change in recent years. A period of relatively poor economic performance and business investment has spurred a period of introspection. The emerging vision for the city’s future is ambitious and exciting. TFT’s newly published paper: ‘Cardiff: How property is helping the city rise to a new challenge’ reveals the changing urban fabric, the opportunities and challenges for the city’s property sector and how Cardiff’s growth will place demands on the existing infrastructure.
TFT’s latest research paper – ‘The role of property in delivering Edinburgh’s economic potential’ – is published today.
In common with cities across the globe, Edinburgh is seeing economic change brought about by the continued evolution in the interrelated areas of technology, corporate structures and working practices. The paper considers how the very particular characteristics of Edinburgh make it well placed to capitalise on these global forces of economic change. It also highlights how success depends on delivering scale and how Edinburgh’s commercial property market must deliver this scale if the city is to keep pace with the pressures of economic success.
New guidance on whether internal partitions and other tenant works are chattels or fixtures; a cautionary tale for tenant lease breaks.
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