We were appointed to negotiate a complex and unprecedented dilapidations claim for a large distribution warehouse lease, inherited as part of a business acquisition. Our involvement reduced our client’s costs by 70% compared to the original claim against them.
The acquired property was in a relatively poor state of repair, and matters were complicated by the Landlord selling the property in the middle of negotiations. They ultimately revised the claim to focus on the value of the property and the Diminution in Value – which had never been tried and tested in Scotland before.
Using our in-depth knowledge of Dilapidations from both sides of the border, we successfully argued against the basis of the property valuation, process of sale and dilapidations liability. The Landlord had undertaken some legitimate works in order to sell the property and these were assessed at a lower rate than the initial claim after some further recommendations.
The negotiations were protracted and technical and the basis of the claim and sale of the property non-traditional, but TFT successfully negotiated a settlement far lower than the Landlord’s initial claim, resulting in greatly reduced settlement and legal costs.