Dilapidations

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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TFT speaking at RICS Dilapidations Forum Conference 2017

TFT Partner Neil Gilbert will be speaking at this year’s RICS Dilapidations Forum Conference in September. Neil will review the RICS dilapidations guidance note, now in its second year, and debate whether the dilapidations process has improved and whether settlements have been achieved any quicker.

Jon Rowling, TFT’s Head of Dilapidations will also be speaking as a panel member about supersession.

The Conference itself will be chaired by TFT Partner Paul Spaven. More details can be found here.

TFT targets dilapidations and disputes business, and appoints Jon Rowling

TFT has announced the launch of its new dispute resolution service led by industry authority Jon Rowling, who will also head up the firm’s dilapidations and service charge business.

Jon Rowling joins TFT as Technical Partner on the 1st August. For the past seven years he has been the Founding Director of Goodrow Building Consultancy Ltd (Goodrow), the specialist provider of dilapidations dispute resolution and litigation support. He was lead author of the 2016 RICS Guidance Note ‘Dilapidations in England and Wales, 7th edition’, of the RICS Consumer Guide to Dilapidations, and of the RICS Dilapidations Resolution Scheme. Jon is a course tutor for RICS in dilapidations and dilapidations dispute resolution. Prior to establishing Goodrow he spent two years as Partner with Malcolm Hollis LLP, and was previously a Partner at Watts Group Ltd.

Jon is former Chair of the RICS Dilapidations Forum Steering Group, a position now held by TFT’s Paul Spaven.

TFT has ambitious goals to develop the business over the next five years and dispute resolution and dilapidations are an important part of the strategy to achieve them. Our clients are navigating a wide range of ever more complex property issues and Jon’s appointment, together with the new service line launch reflects our commitment to meeting their needs.

MEES: A Changing Dilapidations Landscape

The implications for the commercial sector are wide reaching and pose some interesting questions about how landlord and tenant matters should be approached in the lead up to, and after 2018.

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TFT shares its knowledge at the recent London CPD seminar

TFT’s London office recently hosted an extensive CPD seminar providing an update on a range of topics. An introduction to the new RICS Guidance Note for Dilapidations was covered, as well as a reminder about the mandatory RICS requirement for Ethics and Professional Standards. The uncertainty over the Principal Designer role was clarified and a timely recap about the Minimum Energy Efficiency Standard was provided. Some common building defects in 1960’s structures were defined and the broad-ranging session ended with an animated session on body language and its role in negotiations. The topics were presented by senior TFT personnel who shared their insights with the delegates.

TFT can provide CPD training on a range of subjects, either as in-house sessions or at a range of locations throughout the UK. Contact Ashley Morris at amorris@tftconsultants.com to discuss your requirements.

TFT welcomes new 7th edition of the RICS Dilapidations Guidance Note

Effective from the 1st December 2016, the new 7th Edition of the RICS Dilapidations Note provides greater clarity on a number of relevant matters, many of which are already changing the dilapidations playing field. These matters include the following:

  • The roles of the surveyor: Adviser, Expert Witness and Independent Dispute Resolver.
  • What constitutes supersession and guidance on where supersession can be accepted or not. This also includes reference to another ‘hot topic’: MEES (Minimum energy efficient standards) and how these standards may affect a claim.
  • The RICS Dilapidations Dispute Resolution Scheme and how this new form of ADR can assist in resolving dilapidations disputes.
  • More guidance on diminution valuations
  • Handling of break clause situations
  • Form and content of the Quantified Demand

Please contact Neil Gilbert, Partner and Head of the TFT Dilapidations Working Group for further information about how these changes may affect your dilapidations position now and in the future at ngilbert@tftconsultants.com.

Riverside Park Limited v NHS Property Services Limited

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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Mind the gap: Dilapidations in England and Scotland

A review of the differences in dilapidations between Scotland and England has just been published by TFT. Produced by Neil Wotherspoon, who heads up TFT’s Edinburgh office, it provides an outline of the key differences and summarises some recent developments.

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TFT’s 2016 Dilapidations Update Seminar

This year’s TFT Dilapidations Update Seminar will be topical, provocative and wide-ranging. Taking a theme of ‘The End of Dilapidations as we know it’, the seminar will consider the Minimum Energy Efficiency Standard (MEES), its impact on dilapidations and whether it could wipe out landlords’ claims.

We will look at the new RICS Dispute Resolution Scheme, why its need, how it operates and the likely applications. The seminar will also consider Schedules of Condition and why their use is growing. We will also have a legal perspective from a member of Hogan Lovells’ Real Estate Disputes Team who will look at the current state of dilapidations law and practice and address what the future might hold. TFT speakers will include members of the Dilapidations Working Group and the Sustainability Group.

It will take place on Tuesday, 3rd May at 4pm. Venue will be TFT’s offices at 18 Holborn, London EC1N 2LE.

New Year, new CPD hours – dilapidations update

The New Year heralds the need for more CPD hours and our e-learning training video – Dilapidations: Preparation and Negotiation – provides structured CPD to get your CPD commitment underway. Supplementary notes and the slides are available. To request a copy of these please click here.

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