B2P-016 - Appointment of Tenant-Side Dilapidations Surveyor

BRIEF - Appointment of Tenant-Side Dilapidations Surveyor BACKGROUND Platform Housing Limited leases a supported/move on accommodation unit, under a lease dated 1 October 2012 from a large Housing Association (The landlord). This unit is, in turn leased to a specialist provider who managers the service. The Landlord, through its solicitors, has served an Interim Schedule of Dilapidations alleging breaches of Platform's repairing, maintenance, decoration and yielding-up obligations. Platform has advised the Landlord that it intends to appoint an independent external surveyor to review the Schedule and engage with the landlord's appointed surveyor. The Schedule is substantial and covers building fabric, finishes, floors, ceilings, doors, mechanical and electrical installations, fire-related elements and external areas. Platform therefore wishes to appoint an appropriately qualified Chartered Building Surveyor / specialist dilapidations consultancy to act exclusively on Platform's behalf as tenant. PURPOSE OF APPOINTMENT The primary purpose is to provide Platform with an independent and robust assessment of its potential dilapidations liability and to represent Platform's interests in responding to and negotiating the landlord's claim. The Consultant will be expected to distinguish between:

• legitimate repairing obligations;
• items which may constitute ordinary wear and tear or do not represent a breach;
• reinstatement obligations relating to tenant alterations/installations;
• decoration and yielding-up obligations;
• items requiring further evidence or investigation;
• items outside Platform's contractual responsibility;
• supersession or other factors potentially affecting the reasonableness/value of works;
• potentially excessive or unjustified landlord requirements; and
• matters where the landlord's proposed remedy may go beyond what is reasonably required under the lease. SCOPE OF SERVICES The appointed Consultant shall, as a minimum: - Inception and document review:

1. Review the Lease and relevant lease documentation.

2. Review landlord's formal correspondence and Interim Schedule of Dilapidations.

3. Review available plans, photographs, condition information, maintenance records, compliance records and relevant historic documentation supplied by Platform.

4. Identify any additional documentation/information required before Platform can provide a substantive response. - Property inspection:

1. Undertake a comprehensive inspection of the building.

2. Consider each material item contained within the landlord's Schedule.

3. Record appropriate photographic and other evidence supporting the Consultant's conclusions.

4. Identify areas requiring specialist further investigation where reasonably necessary. - Detailed assessment of the Schedule:

1. Provide a line-by-line review/commentary against the landlord's Schedule, identifying whether each item is:

• Accepted;
• Accepted in part;
• Disputed;
• Not evidenced;
• Not considered a tenant liability; or
• Requiring further investigation.

2. Provide clear technical reasoning for items rejected or challenged.

3. Review whether the remedial solution proposed by the landlord's surveyor is appropriate and proportionate to the identified breach.

4. Identify duplication, betterment and potentially unnecessary replacement where repair may reasonably satisfy the relevant obligation.

5. Identify assumptions within the landlord's Schedule which require verification. - Cost and liability assessment

1. Produce an independent assessment of the reasonable cost associated with accepted items.

2. Provide Platform with an assessment of its likely financial exposure.

3. Clearly identify potential areas of cost avoidance or reduction.

4. Advise Platform on the most commercially appropriate strategy, including undertaking works, agreeing a financial settlement, or a combination of both where appropriate. - Negotiation and representation

1. Prepare Platform's technical response to the Interim Schedule.

2. Liaise directly with the landlord and/or its appointed building surveyor.

3. Attend meetings/site inspections with the landlord's representatives where required.

4. Negotiate disputed items and proposed remedial works on Platform's behalf.

5. Advise Platform throughout negotiations with the objective of achieving a reasonable settlement and mitigating Platform's exposure. - Further support

1. Provide technical input to Platform's legal advisers as required.

2. Provide a final negotiated/reconciled Schedule identifying agreed and outstanding matters.

3. Provide recommendations for resolution of any matters remaining in dispute.

4. If required, provide further professional/expert advice in connection with negotiations or subsequent proceedings, subject to separate agreement where this falls outside the core commission.