Landlord & Tenant

The relationship between a landlord and tenant underpins the security for tenants and landlords of residential, commercial and industrial properties. This relationship takes on a variety of forms and can exist with or without a contractual document (lease). There are a long (and ever-expanding) list of statutes and case law which regulates the relationship, that imposes and confers rights and obligations on both the tenants and landlords. This is undoubtedly a complicated area of property law and is regularly the source of costly disputes, especially when the lease comes to an end.

Tenants’ Rights/obligations

That is where APA’s expertise can help the tenant, before signing and committing to a long lease you should take both legal and surveying advice to protect your exposure to liability against any adverse claims that could leave you exposed to a substantial claim at some time in the future. The purpose of a lease is to apply as much liability upon the tenant which can even include defects and disrepair that existed before the lease commences. Do not get caught out!!!

If that time has arrived and you have been served with a schedule of dilapidations you should contact APA immediately to avoid being a victim of sharp and/or indeed unlawful claims for dilapidations.

APA will ensure that you only pay reasonable and justified dilapidations if indeed any actually arise.

Landlords' Rights/obligations

APA’s expertise can help the Landlord, once a lease has been signed the landlord should ensure that the tenant complies with their repairing and maintaining obligation to ensure the properties’ capital value is not undermined during the term of the leases. APA understand the landlords’ objectives

Our key areas of expertise are:

Breaches of covenant, forfeiture and enforcement;
Schedules of Conditions;
negotiating a settlement;
Interim and Terminal Schedule of Dilapidations; and
Interpretation and variation of leases.

Call APA for an informal chat before committing to any lease.

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Judges Comments and Opinions regarding Dr. Antino

Miss Recorder Rowlands H01CL719 in Moore v Ahmed 2023

I accept Mr Antino's (as he then was) evidence that Mr Tugby had sought instructions form Dr Ahmed as to the lien of the boundary.
Dr Antino - Managing Director
The party wall world is relatively small, the stage of this world contains a number of well-known players, Mr Antino is one of these well-known players and so are his owners instructing solicitor Mr Ashley Bean of Thirsk Winton
HHJ Bailey - [2016]
The Claimants have a very experienced legal team comprising Mr David Mayall of lambchambers & Mr Ashley Bean of thirsK winton and their surveyro Dr. Philip Antino. The evidence in particular of the Defendant’s plans for both the Accessway and the plans and how it impacted upon the Claimants business was important information that The Defendants ahd not provided when requested.
HHJ Freedland QC - [2021]
"Mr Antino is a palpable witness, Mr Antino's explanation of the unique attributes of the "Thompson Plan" greatly assisted the Court to understand the location and extent of the claimants’ boundaries” (Best & Best v Perkins & Dennis in the County Court at Luton).
HHJ Hildyard - [2015]
The appeal was a preliminary hearing of two points in respect of an Award served by Mr Antino and a surveyor appointed by Mr Antino under s.10(4) on behalf of the Building Owners the Appellants. HHJ Luba QC sitting in the Central London County Court held "In my judgment the Award is valid, the use of s.10(4) was the appropriate procedure given the Building Owners refusal to appoint a surveyor. A dispute had arisen that satisfied s.10 procedures, The Award is an impressive piece of work". Schmid v Hulls and Athananasou).
HHJ Luba QC - [2016]
“Mr Antino is an acknowledged expert in the field of party wall issues.”
HHJ Murfitt QC 2013 - [2015]
“I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation”
HHJ Philip Bartle QC - [2012]
“In the appeal of an ex-parte Award served by Mr Antino on behalf of the respondents, in my judgment the respondent is correct. Mr Antino’s contention that it is not a matter for negotiation directly between one surveyor and the other surveyor’s client. Since I have determined that the ex-parte Award was valid the court is still able to determine the Award and under the statutory powers to modify the Award if appropriate. I am grateful to Mr Antino suggesting that I now determine the Award issue “I accept that Mr Antino’s hourly rate is not in my judgment unreasonable. It follows that the fee set out in the ex-parte Award had been properly justified and I therefore award Mr Antino’s fees”. (Bansal v Myers Romford County Court).
HHJ Platt - [2007]

RICS Surveyors abuse or do not understand dilapidations

The RICS promotes themselves as an organization that “everything we do is designed to effect positive change in the built environment”. Given this statement it is not unreasonable to expect their members to understand the very subjects that they ...

Why fight a party wall claim for damages? Court of Appeal (Civil Division) on appeal from the County Court at Central London CA-2023-000624 and CA-2023-000626.

Building Owners liability for damagesThe moral of the story isWhere there is a liability to pay ...

Ongoing Party wall misuse/abuse

This follows my LAST blog having thought things could not get more bizarre this gentleman outshines himself.The BOS having taken a unilateral decision that the Act does not apply bec ...