Tenant Advisory Group (‘TAG’) was appointed by Environmental Resources Management Ltd (‘ERM’) in 2014 to negotiate a £190,000 damages claim made by its former landlord in relation to a lease it held on premises in Edinburgh.
TAG defended the claim proving successfully that there was no basis for such a claim because the landlord was planning a major refurbishment of the premises and that as a result, ERM’s failure to re-instate the premises would not cause the landlord to suffer any financial loss.
This case clearly demonstrates the value of professional advice in the field of dilapidations and re-instatement. Far too often, tenants accept their landlord’s claims for such damages and attempt to negotiate a settlement without taking professional advice. In this situation, the client took advice and was able to avoid any liability whatsoever.
As Martyn Markland of TAG explains, “it is vital for tenants to assess their liabilities before lease expiry. The advice they receive might come as a pleasant surprise as the basis of a landlord’s claim is far more fragile than tenants probably imagine.”