Every now and again, well in fact more often than not it now seems, a landlord will attempt to obtain financial gain by using the dilapidations protocol when they have suffered no loss.
Don’t get caught out, get smart contact Dr. Antino and let him defend you against this sharp and questionable practice of obtaining a windfall payment
Messrs Ince Gordon Dadds LLP (IGD) solicitors who had prepared and served the pre-action protocol claim on behalf of the landlords demanded £58,733.18 on the 15th of June 2022. In Theory, Ltd were tenants.
Alarmed at having to pay the landlord they instructed Dr. Philip Antino.
On the 24th of June only 9 days later Dr. Antino considered this an unjustified claim without any merit and a clear abuse of the pre-action protocol process for recovering legitimate damages. Dr. Antino prepared and served an immediate rebuttal and a part 36 offer of £100 + Vat in full and final settlement.
On the 5th July 2022, Messrs Ince Gordon Dadds LLP (IGD) solicitors accepted the part 36 offer of £100.00 + vat in full and final settlement.
Dr Antino had saved his clients £58,633.18
The landlords instructed Messrs Ince Gordon Dadds LLP (IGD) solicitors https://www.incegd.com/en/contact-us and an Simmons Taylor Hall (STH) http://www.simmonstaylorhall.co.uk/ a RICS Regulated firm of surveyors to prepare a schedule of dilapidations who assessed the landlord's disrepair at £58,733.18 inclusive of VAT.
Dr. Philip Antino after consideration of the woefully prepared and poorly drafted schedule of dilapidations recognized this for what it was. A truly false claim for damages.
Given that Gordan Dadds is a global law firm it raises serious questions that may well be referred to the law society
Dr. Antino immediately notified both IGD and STH of his involvement and requested standard information that is required to be disclosed when a landlord is seeking unjustified dilapidations claim.
These are as follows: -
1) Has a section 18(1) valuation been carried out to assess the cap on diminution in the reversionary interest;
2) If not why not?
3) Has the landlord sourced an in-going tenant?
4) If there is an in-going tenant, what works are they undertaking to improve the building or change it to meet their commercial needs?
5) Why was the schedule of dilapidations prepared and dated in May 2022 but not disclosed until 9 days before the handover?
6) Is the landlord VAT registered?
7) If the landlord is VAT registered why has VAT been included in the dilapidations claim? and
8) What mitigation has the landlord undertaken to find new tenants?
The silence from IGD and STH was astonishing because there was no response. Given that the landlords had instructed a worldwide firm of solicitors to commence the pre-action protocol claim for damages under alleged dilapidations obligations. It is astonishing IGD ignored the response.
Why because they knew there was no legitimate claim!!!!!!!!!!!!!
This was nothing but a shake-down of the tenant and there was no basis to make this claim.
Don’t get caught out, get smart contact Dr. Antino and let him defend you against this sharp and questionable practice of obtaining a windfall