What if you can't agree?

Tenants are expected to respond to the Schedule of Dilapidations and Quantified Demand within 56 days of receipt.

Normally chartered building surveyors appointed by the landlord and tenant will meet and attempt to narrow the differences between the two parties to arrive at a recommended settlement figure for their respective clients, although agreement is not guaranteed. If all else fails and the case ends up in court, each party will need to have appointed expert representatives including a chartered building surveyor, lawyer and valuer. This is an expensive process and the court will usually direct the parties to Alternative Dispute Resolution “ADR”.

Mediation – is arguably the most commonly used form of alternative dispute resolution and is often applied successfully to dilapidations disputes.

Arbitration or Independent Expert Determination

Arbitration or Independent Expert Determination are becoming an increasingly popular approach to resolving dilapidations disputes as they are relatively cheaper than the courts. They also have the advantage of involving specialist practitioners who will have substantial experience in this field. Other landlord and tenant disputes – such as rent reviews and service charge disputes are all frequently resolved this way.

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Kevin Maddern
National Head of Building Consultancy

01604 664 343

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