Case Study: Dilapidations settlement successfully negotiated for Audio T

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Roger Hannah & Co were appointed by Audio T in September 2012 to defend a Terminal Dilapidations claim in excess of £60,000.
 
After inspection of the property our first assessment of the claim was just over £20,000, however, after further careful review of the Lease documentation it was apparent that the Lease had not been formally assigned from Practical Hi Fi to Audio T, nor had there been any implied assignment either. This meant that under common law principles Audio T's liabilty extended no further than to repair the property and not to commit waste or destruction. Accordingly we requested that all items relating to reinstatement or decoration were removed from the claim.
 
Acting upon similar advice the Landlords agreed to a full and final settlement in the sum of £10,000 which represents 16% of the original sum claimed.
 
For further information or advice please ring Head of Building Consultancy Michael Hurst BSc(Hons) MRICS MCIOB on 0161 429 1659 or email: michaelhurst@roger-hannah.co.uk.