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Oxfordshire dilapidations expert gets published again

PUBLISHED: 18:08 20 August 2013 | UPDATED: 18:08 20 August 2013

David Gilbert, Head of LSH Oxford office

David Gilbert, Head of LSH Oxford office

Archant

Leading expert on dilapidations and Head of Lambert Smith Hampton’s Oxford office, David Gilbert, has been published in a prestigious national journal.

A key paper written by David Gilbert, local Oxford office head for national commercial property consultancy Lambert Smith Hampton (LSH), has been published in the Journal of Building Survey, Appraisal & Valuation.

David, who has over 35 years experience within the commercial property market is a leading expert on dilapidations. Dilapidations are repairs required during or at the end of a property tenancy or lease.

Dilapidations disputes can occur between landlords and tenants if the tenant does not carry out any repairs needed to the property at the end of the lease, thereby breaching the repairing covenant included in the lease.

David’s paper, ‘Diminution valuations for building surveyors’ is aimed at building surveyors, who advise clients at the outset of dilapidations disputes. It has been David’s experience that building surveyors often do not understand the positive role that valuers can have in dilapidations disputes. David uses his experience of dealing with diminution valuations to help the building surveying team better understand the valuation process and the role of the valuer in dilapidations disputes. To emphasise his argument he draws on two recent court cases in the Technology and Construction Court (TCC).

Speaking on the paper, David says: “It is a common problem within the property industry that the valuation process is not as well understood as it could be with relation to dilapidations disputes. “Building surveyors often do not understand that to assess the full damages for breaching the repairing obligations of the lease, both the cost of works and any decrease in value of the landlord’s reversionary interest (an interest that reverts to the landlord at lease end) need to be considered.

“My paper highlights this industry-wide problem and gives guidance on how the building surveying team can use and assist the valuer to get a more accurate assessment of the value of the landlord’s loss during these disputes. “By writing this paper and through lecturing extensively around the country, I hope to raise further awareness of this point within the property industry. I am really pleased to have been selected to feature in such a prestigious title.”

The paper was first delivered to building surveyors at the 2012 RICS Dilapidations Conference. It was subsequently selected for the Journal of Building Survey, Appraisal & Valuation for summer 2013. The Journal of Building Survey, Appraisal & Valuation is the major peer-reviewed journal for building surveyors, structural engineers and other professionals concerned with building condition, defects, valuation, repair and maintenance.

Published quarterly, the Journal is read by national building surveyors, structural engineers, valuers, building services engineers, architects, contractors and lawyers.

David Gilbert works for national commercial property consultancy Lambert Smith Hampton as head of its Oxford office and national dilapidations advisor. David is a chartered surveyor, chartered arbitrator and accredited mediator. He is also a RICS registered valuer and specialist in diminution/S18 valuations. Aside from writing about dilapidations, David lectures across the country. He has been a key speaker on the effects of the Energy Act on commercial property and dilapidations disputes.

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Lambert Smith Hampton (LSH) is a national commercial property consultancy. They work with investors, developers and occupiers across the public and private sectors, and are single-mindedly focused on UK and Irish property markets.

For more information and to see some of the companies they work with, visit

www.lsh.co.uk, www.lshauctions.co.uk and www.lshinvestmentsales.co.uk

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