Central Head Office: Radius Consulting 1 New Park Place Pride Park Derby DE24 8DZ
Midlands & Scotland 0845 673 3009
0207 887 6425
Main Contacts: Paul Raeburn 07970 512313
Neil Burridge 07904 166545
About Radius Consulting
We apply the Dilapidations Protocol (‘the
Protocol’) – in cases of dilaps UK-wide.
We have the strategy for addressing these issues.
The Dilapidations Protocol
Paragraph 9.4 of the
Protocol, which is law under the Civil Procedure Rules (CPR), requires that
where a landlord has not carried out (all) the claimed works, it must ‘provide
a formal diminution valuation’.
This diminution valuation is provided by
a valuation surveyor, not a
It must therefore be provided by a landlord who is
not doing (all of) the claimed works, as well as invariably being a powerful
weapon for the outgoing tenant to use, whether or not the landlord is doing
some or all of the works. That is because the impact on
value is usually far less
than the costs of doing the
works. We have numerous Case Studies to
illustrate this fact.
skilfully employ the section 18 (1) ‘statutory cap’ of damages for
dilapidations payable to a landlord being the lower of the cost of works
or impact on freehold value,
throughout the entirety of the countries in which it applies, namely England &
There are similar statutory caps which apply in both Ireland and
on the Isle of Man which we also use to maximum effect.
Whilst there are
no similar statutory caps applicable in Northern Ireland or Scotland, our
associate building surveyors still always negotiate best possible settlements
within the common law frameworks applicable in each jurisdiction.
are consistently and constantly securing best outcomes in dilaps UK-wide.