DMP were asked to review and respond to the landlords surveyor as the tenant had been served with a substantial Schedule of Dilapidation on termination of their lease.
The property a grade II listed building; constructed circa 1830. This comprising of a 3 storey stuccoed mid-terrace property, with eaves cornice detail. An imposing iron balcony at 1st floor to front elevation; with bays windows beneath at ground floor level. Now converted to offices, it lies close to the commercial heart of Tunbridge Wells and overlooks the common.
The DMP Solution
DMP, on reviewing of the legal documents issued by Landlord’s surveyor, including a Scott Schedule, a property inspection followed by detailed negotiations with the involved parties.
It had to be conceded, that the tenant had not fully complied with his repairing obligations, under the repairing covenants of the lease; however the property remained in good tenable repair and condition.
The discussion with the landlord’s surveyor therefore turned on whether actual financial loss had occurred? Therefore, as a result of the tenant’s breach, an appropriate reduced settlement was finally agreed.
Overall, DMP dealt with the difficult negotiations between the tenant and the landlord – acting on behalf of the tenant but also having to remain non-bias.