ALBANY GATE, DARKES LANE, POTTERS BAR

INSTRUCTION SYNOPSIS

Appointed on behalf of the tenant, we were asked to defend a terminal dilapidations claim with an initial value in excess of £845,000. This circa 25,000 sq ft office building was occupied under the terms of a full repairing and insuring lease, being heavily fitted out by the tenant and using R22 refrigerant in the air conditioning system.

We reviewed the claim against the lease obligations and actual condition of the property, initially reporting to the client on our estimation of the liability and what key risks existed in achieving a sensible settlement, giving clear indications as to what to expect as matters progressed.

Through negotiation based on budget costs, we were able to reduce the landlord’s claim by 50{6ff76034d22c88ec70f1c9ef4ccd6ce12f1c3e773bb3a9ade06de0decae2fb76}. Following settlement of this claim, the tenant elected to remain in the premises on a short term lease, so we provided further advice to ensure that the new lease contained provisions to limit further repairing liability, so their position was fully protected.

 

HOW PROPITAS ADDED VALUE

Our ability to interpret the lease obligations and understand the yielding up implications based on the wording of the lease, coupled with an excellent knowledge of cost data, meant we were able to secure a significant saving on the landlord’s original claim.

We were able to quickly identify where the landlord was claiming for replacement, when repair was suitable to comply with the lease, and provide clear evidence that our costs were suitable in the current market.

At all times, the client’s expectations were managed, so they were clear as to what the end result would be.

 

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