Valuation defence to a dilapidations claim.

McWhirter Locke Partner, Duncan Locke has recently given evidence in a High Court trial concerning the valuation cap on a Landlord’s dilapidations claim. The case concerned a business unit previously used for manufacturing and office purposes left vacant at lease expiry. Representing the major manufacturer tenant that had vacated the premises at lease expiry, Duncan presented evidence in Court on why in the circumstances of this case, the Landlord’s dilapidations claim should be capped by the valuation defence known as a Section 18 defence. Following the three day trial the Judgement stated the judge preferred the evidence of Duncan Locke and therefore imposed a continue reading

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A Mortgage Valuation Is Not A Building Survey

In Hubbard V Bank of Scotland 2014, the mortgagee sued the bank for negligence because the bank’s valuer reported that cracks which were apparent when he undertook the mortgage valuation inspection were not evidence of recent movement but after purchase of the property, it had to be underpinned. The court found that the valuer had been instructed to prepare a valuation report, rather than a building survey and the relevant RICS Mortgage Valuation Specification only required the valuer to recommend further investigation if he suspected defects might exist that would affect the property’s value. In this case the court considered continue reading

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