Failure to comply with obligations concerning the form and condition of the premises will give rise to a claim for dilapidations. Surveyors dealing with dilapidations need a reasonable understanding of the documentation and key issues (including dilapidations inspections), as well as the often complex legal principles, such as section 18(1) and diminution in value.
The Civil Procedure Rules 1998 and the Dilapidations Protocol (which has now been formally adopted) have introduced a stronger framework for the effective resolution of disputes without the need for expensive and time-consuming litigation.
The section aims to give practical assistance to surveyors in making and receiving claims and progressing negotiations effectively in order to achieve resolution in a timely manner.
This section is maintained by Charlie Wildash of Hollis and Rosalind Cullis of Maples Teesdale LLP. The pages in Section 18(1) and diminution in value are maintained by Nigel Lenson of Alexander Reece Thomson LLP.
RICS standards: Dilapidations
RICS standards: Independent expert determination
Document template: Schedule of dilapidations