TFT welcomes new 7th edition of the RICS Dilapidations Guidance Note
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Neil Gilbert
Neil specialises in dilapidations, technical due diligence, and landlord and tenant advice, and he is also involved in advising retail clients. His notable recent projects include providing Thomson Reuters dilapidations consultancy in Milan, and understanding how Italian leases differ from British leases. He also provided joint landlord and tenant dilapidations advice on Northavon House, Frenchay in Bristol, demonstrating that landlords and tenants can work together to resolve dilapidations.
He has lectured on behalf of the RICS and other organisations. The wide variety of his work is reflected in the broad range of working relationships with clients including Tesco Stores Ltd, B&Q, Screwfix, Monsoon Accessorize, Core Assets, Honda Logistics, Aberdeen.
Effective from the 1st December 2016, the new 7th Edition of the RICS Dilapidations Note provides greater clarity on a number of relevant matters, many of which are already changing the dilapidations playing field. These matters include the following:
- The roles of the surveyor: Adviser, Expert Witness and Independent Dispute Resolver.
- What constitutes supersession and guidance on where supersession can be accepted or not. This also includes reference to another ‘hot topic’: MEES (Minimum energy efficient standards) and how these standards may affect a claim.
- The RICS Dilapidations Dispute Resolution Scheme and how this new form of ADR can assist in resolving dilapidations disputes.
- More guidance on diminution valuations
- Handling of break clause situations
- Form and content of the Quantified Demand
Please contact Neil Gilbert, Partner and Head of the TFT Dilapidations Working Group for further information about how these changes may affect your dilapidations position now and in the future at ngilbert@tftconsultants.com.
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