Unfortunately, despite this issue being bought to the attention of the Pubs Code Adjudicator, and Paul Newby agreeing with our understanding of the practice and how it was used, after he left as adjudicator, the steering group he set up went no further.
The issue of dilapidations is being used as both an income stream and a deterrent against achieving Market Rent Only (MRO). The Forum of British Pubs felt it was such an important part of the difficulties that all pub tenants face, we should take immediate action.
We invited Richard Kay of Beckett and Kay to explain how dilapidations should be viewed and challenged and to answer any questions that tenants wish to pose to him.
Founded in 2002 Beckett and Kay is a specialist landlord and tenant-focused firm. Dealing with both residential and commercial property, the firm has particular expertise in the fields of leasehold enfranchisement, valuation in dilapidations claims, and valuation in relation to the modification or discharge or restrictive covenants.
Richard Kay is a highly respected and experienced chartered surveyor and has been a partner at Beckett and Kay for over 18 years. He is a specialist in landlord and tenant including in particular valuations in dilapidations and leasehold enfranchisement cases. He is a member of the RICS Dilapidations Forum Steering Group and has appeared as an expert witness on many occasions.
The Forum believes that this incredibly important area of property law needs such an expert to explain exactly how people can protect themselves from the pub owning businesses and how unlawful dilapidations charges can be challenged. Richard’s knowledge and experience is invaluable and I would urge you to watch the recorded footage from the meeting and take part in our future events.
This event was streamed live via Zoom on the 25th March and was open to our members and campaign supporters.
If you’re currently experiencing problems with a dilapidations issue or you need further help and support, please contact us so that we can refer you immediately to our expert consultant, Pub Defender Dave Mountford.