Dispute Resolution

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.

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.

Twinmar v Klarius dilapidations case

Following on the heels of recent dilapidations claims which have come to court, this case, Twinmar Holdings Ltd v Klarius UK Ltd, provides useful guidance when claiming damages for terminal dilapidations and serves as a reminder that disrepair cannot always be pre-determined by obvious failure.

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