Level 3 - Minories

Question 1

Describe the premises and lease?

Answer 1

Small ground floor office space, vacant. Circa 1000 sq ft. On an IRI lease
Lease had finished

Question 2

What documents did you review?

Answer 2

Original Lease
Schedule of condition
Email evidence confirming new installations

Question 3

What is a scott schedule?

Answer 3

A Scott Schedule is an extended version of the Schedule of Dilapidations which enables the tenant (or their surveyor) to respond to the content

Question 4

What is L&T act 1927 Section 18

Answer 4

Section 18 Part 1 is in two limbs:
Limb 1: Diminution
Limb 2: Supersession

Question 5

What is Limb 2 LL&T 1927?

Answer 5

Takes into account the landlords intention. A dilapidations claim will be superseded if it can be shown that the landlord intends to demolish or structurally alter a premises.

Question 6

Why did they suspect a super session claim?

Answer 6

They had reviewed online marketing details for the property when it was sold that suggested that the ground floor could be converted into an open plan area. The new freeholder had no plans to undertake these works. Their claim could not be substantiated

Question 7

What did the further negotiations include?

Answer 7

I met on site with the tenants surveyor (as suggested by the dilapidations protocol) and discussed the schedule and the works required.

Question 8

If there was a limb 2 claim, what was in their claim?

Answer 8

There claim still included works to remove installed fitting and chattels. As would still be necessary.