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Marketing by: www.1stAssociated.co.uk XXXX JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, Essex, CM14 XXX FOR XXX Prepared by: XXXXX INDEPENDENT CHARTERED SURVEYORS

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Page 1: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

Marketing by:

www.1stAssociated.co.uk

XXXX

JOB REFERENCE: XXXXX

PROPERTY REPORT

XXXX

Brentwood,

Essex,

CM14 XXX

FOR

XXX

Prepared by:

XXXXX

INDEPENDENT CHARTERED SURVEYORS

Page 2: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

All rights reserved. Reproduction in any form without express written consent of 1stAssociated.co.uk is prohibited

2

CONTENTS

Introduction and Instruction page 3

Synopsis page 4

Executive Summary page 5

Summary Upon Reflection page 11

Limitations page 14

Appendices page 16

Page 3: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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3

INTRODUCTION AND INSTRUCTION

We have been instructed to inspect part of the multi-occupied property that has

been rented to XXXX at XXXX Brentwood, Essex CM14 XXX

We inspected the property on XXX and we were subsequently emailed a copy

of the lease from yourselves.

As discussed you advised us the lease is outside the Landlord Tenant Act and

the terms within the lease, from our reading of it, are mainly Internal Only

items with some shared responsibilities areas. As we see it the main areas of

relevance to the schedule are:-

1. common items section 11

2. repairs of internal items section 22

3. repairs of floor coverings section 23 and 24

4. redecoration clause in the last three months section 23.

The subject lease, as we understand it, relates to:

Externally

1. Shared entrance

2. Shared car park but we could not see any specific reference to this but we

assume that it is part of the lease.

3. Shared courtyard

Internally

1. Shared entrance and vestibule

2. Reception area (noted as Office Two on the plan)

3. Middle Office

4. Rear Office

5. Kitchen to rear

6. Toilet lobby, rear right hand side

7. Toilet, rear right hand side

Note the lease plans do not give the layout of the building as it now is.

You need to take advice from a solicitor with regard to the exact legal position

Page 4: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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4

with regard to the exact requirements of the lease we feel there may be a

shared liability externally to maintain the property.

This Report is to be read in conjunction with the Schedule of Condition.

Whilst we appreciate that you occupy the building some of this information

may seem obvious; it does give a reference point in time when the property

has been examined by an independent Chartered Surveyor.

SYNOPSIS

SITUATION AND DESCRIPTION

(All directions given as you face the property)

This is a double bayed two storey Victorian property with a lease to the ground

floor left hand side which enjoys the benefit of a shared vestibule entrance,

shared rear access and courtyard area.

The lease plan of the building is within the Appendices and is not the layout as

seen on our inspection.

Page 5: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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5

EXECUTIVE SUMMARY

Internal only lease

Having inspected the property and viewed the lease we would comment that

most tenants would perceive the lease as being an Internal Only lease and as

such the redecoration that has been carried out is what they would expect to do

at the end of the lease.

The lease, we feel, could be better drafted as we read it, may give you scope to

also charge for a percentage of the external repairs to the property but this is,

in our opinion, not as clear as it could be.

Shared responsibilities

In our experience to make such a claim you will need to produce evidence that

such work has been carried out or is about to be carried out although we could

produce a claim based upon anticipated cost of work. We feel this would be

strongly contested from our brief discussions with the occupiers and may

result in protracted negotiations/legal action.

Layout

We did note that the property has been altered and is different from the plan

that we have been given, you may have a legal right to ask occupiers to return

it back to its original layout regardless of whether it is now considered a better

layout or not, this is assuming that you have not given permission via a written

letter or other format to alter and amend the layout.

Market conditions

We would advise that we are currently in relatively poor property market

generally with regard to letting. The terms and conditions that were once

possible only a few years ago are no longer acceptable to people wishing to

lease in this current climate (we hope that we are not pointing out the obvious).

We therefore feel that a realistic approach should be taken when a lease is

coming to an end and very much believe that whilst you may have a legal case

with regard to the outside of the property it is by no means certain. If you do

win then the other party may not have the means to pay for the legal costs and

repair costs. The occupiers may also be able to argue strongly and advise that

Page 6: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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6

they have had an informal schedule carried out by themselves when they

moved into the property (we appreciate that if this is not appended to the lease

it is not a legal requirement however it does give them a basis from which to

negotiate).

Summary

We would summarise by saying that most landlords are currently happy if the

property is given back in a lettable state whilst you do have some issues with

the property such as dampness we feel it could be argued that these are outside

the control of the occupier as they may be down to high ground levels and

poor repairs to the brickwork and we certainly would not recommend inserting

a damp proof course in this age of property.

Page 7: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

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XXXX

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7

Maintenance to your building

It is debateable as to what the current tenants need to contribute with regard to

the external of the property, we feel you should obtain very specific legal

advice on this matter as we feel the current occupiers will disagree from our

brief discussions we had with them. However we would highlight the

following areas as the sort of thing that would typically come under a

Dilapidations claim at the end of the lease:-

1.0 Annual clearing of gutters and downpipes and gullies if it takes place

2.0 Annual maintenance of the external of the property, such as repointing the

walls, again if it takes place.

3.0 General cleaning

There is equally an argument that the latter work only needs to take place

every five or so years.

Other items such as general clearing of the vegetation to the car park and

surrounding areas could also be included.

Older buildings should breathe

As a more general comment we would advise that the age of property you have

has to what is termed as “breatheable” building. We can see and some

additions and alternations that are not to current best practice.

Page 8: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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8

Suspended timber floor

You have a suspended timber floor

at ground level which has then had

rear extensions in concrete. A

suspended timber floor needs air

and ventilation underneath it to

reduce the chances of wet rot, dry

rot and woodworm and also rising

damp. Without these this will

occur.

Rising damp and ground level

We noted that to the rear of this property in the area that you have leased out

there is rising damp, however this could be considered as an inherent defect

and therefore there is no liability by the current occupiers to improve the

standard of your building by removing the dampness, however from your part

there is a benefit to ensuring there is ventilation underneath the property

because as mentioned this reduces the chance of wet rot, dry rot and

woodworm.

Filling of bricks with cement mortar

stops the bricks from breathing

Patches of cement mortar

- Re-pointing recommended

Page 9: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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9

Airbricks acting as gutters

We also have the situation to the rear where the air vents are acting as gutters

which needs some form of protection to stop this from occurring and the

checking of timbers beneath at some point.

Whilst we are discussing the breathability of this type of building we noted

that cement mortar has been used on it which from memory you also recalled

had also been water proofed, which unfortunately is not ideal as these

buildings are meant to take in water and then dissipate it.

Asbestos

We also noticed an asbestos flue. Generally a

landlord and tenant lease requires an

asbestos register, which we recommend for

your own protection as you advise that the

lease is outside the Landlord and Tenant Act

that you have an asbestos register carried out

and ideally remove any asbestos as soon as

possible, as although we rarely come across

instances where it is a problem we feel the

perception of a problem with asbestos can

put people off leases sometimes.

Airbrick acting as gutter

This could be the reason for

dampness in the middle office

Asbestos flue

Page 10: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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10

What benefit does being outside the Landlord and Tenant Act give you?

Whilst we appreciate that this lease is outside the Landlord and Tenant Act,

which means in turn that there is no protected tenancy rights for the occupiers.

When the lease does come to an end, as in this case, you then have a problem

serving a Dilapidations claim where a Schedule of Condition has not been

carried out.

We would be happy to carry out a Schedule of Condition prior to the leasing of

the property which we would do by amending the current document we have

sent you.

Sinking Fund

We would also recommend that you set aside a sinking fund and advise future

tenants of anticipated work in common areas and to the external elements of

the building when they are taking the lease. This would then, we feel, reduce

the chances of a future tenant thinking that they have an internal only lease,

rather than having this plus other responsibilities.

For reactive maintenance, i.e. blockages of drains and electrics not working,

you need to have a clear process by which this can be carried out.

Current market recommendations

As we have mentioned, in the current relatively difficult market we feel you

should work with your tenants as much as possible (we do appreciate that

some tenants you just cannot work with). Get them to carry out as much of the

Dilapidations Schedule as possible and base this wherever possible on an

existing Schedule of Condition. You should also be flexible and understand

that whilst you can win the dilapidations negotiations claim again this is

pointless if the occupiers are not able to pay the bill and it can be pointless if

the owners cannot pay the bill (apart from the principal of winning) and you

will always have substantial legal costs.

Page 11: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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11

The Summary Upon Reflection is a second summary so to speak, which is

carried out when we are doing the second or third draft a few days after the

initial survey when we have had time to reflect upon our thoughts on the

property. We would add the following in this instance:

We feel that there are several main issues here:-

1. Without a good Schedule of Condition at the start of the lease it

is difficult to request repairs over and above the redecoration

covenant unless they are very obvious, which in this case they are

not with the exception of the rising damp that is found at the rear

of the property. However we feel this is more to do with the

original type of construction and the ground levels than a tenant

issue and would be classed as an inherent defect.

2. Are the occupiers/tenants required to contribute externally as

unfortunately again without a Schedule of Condition at the start

of the lease it makes this more difficult.

However using common sense and basing the lease from XXXX

it could be argued that there has been a proportional deterioration

during this time and contributions towards costs should be made.

Unfortunately without a willingness of the tenant this would be a

costly and long discussion in the Courts.

3. We can see that there are various general maintenance issues at

the property that would best be dealt with sooner rather than later

to minimise future costs. We would comment these are:-

1. External re-pointing

SUMMARY UPON REFLECTION

Page 12: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

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12

2. Dampness. We would

suggest the addition of a

French drain to the rear of

the property to stop the

dampness getting in.

3. Protection of the airbricks to allow an air flow under the floor,

currently some of them are acting as gutters.

4. Changes to the management of the future lease.

With the new leasing of the property it may be better to, as we

have mentioned, introduce a sinking fund so the

tenants/occupiers know that they will be contributing twenty

five percent towards and also to introduce an annual property

day when you and the tenant that you have inspect the external

of the property and agree any maintenance work.

Page 13: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

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XXXX

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13

As a general comment when proposing work we would always recommend

that you obtain at least three quotations for any work from a qualified, time

served tradesperson or a competent registered building contractor prior to legal

completion.

We would ask that you read this Property Report and the Schedule of

Condition and contact us on any issues that you require further clarification on.

If you would like any further advice on any of the issues discussed (or indeed

any that have not been discussed!) then please do not hesitate to contact us on

Page 14: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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14

LIMITATIONS

CONDITIONS OF ENGAGEMENT

The report has been prepared in accordance with our Conditions of

Engagement dated XXXX and should be regarded as a comment on the overall

condition of the property and the quality of its structure and not as an

inventory of every single defect. It relates to those parts of the property that

were reasonably and safely accessible at the time of the inspection, but you

should be aware that defects can subsequently develop particularly if you do

not follow the recommendations.

ENGLISH LAW

We would remind you that this report should not be published or reproduced in

any way without the surveyor’s expressed permission and is governed by

English Law and any dispute arising there from shall be adjudicated upon only

by the English Courts.

SOLE USE

This report is for the sole use of the named Client and is confidential to the

Client and his professional advisors. Any other persons rely on the Report at

their own risk.

ONLY HUMAN!

Although we are pointing out the obvious, our Surveyors obviously can’t see

through walls, floors, heavy furniture, fixed kitchen units etc. they have

therefore made their best assumptions in these areas.

As this is a one off inspection, we cannot guarantee that there are no other

defects than those mentioned in the report and also that defects can

subsequently develop.

Page 15: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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15

WEATHER

It was a mild winter’s day at the time of the inspection.

Our weather seems to be moving towards the extremities from relatively mid

range. A few interesting facts in Britain over the years have been:

NOT LOCAL

It should be noted that we are not local surveyors to this area and are carrying

out the work without the benefits of local knowledge on such things as soil

conditions, aeroplane flight paths, and common defects in materials used in the

area etc.

INSPECTION LIMITED

Unfortunately in this instance our inspection has been limited due to only

inspecting the property area that is being leased as denoted in the report.

TERMS AND CONDITIONS

Our computer system sends two copies of our Terms and Conditions to the

email address given to us when booking the survey; one has the terms attached

and the other has links to the Terms and Conditions on our website (for a

limited time). If you have not received these please phone your contact

immediately.

The work has been carried out as per our standard Terms and Conditions of

Contract which have been emailed to you as part of the confirmation of our

instructions. If you would like further clarification please do not hesitate to

contact us.

Page 16: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

Independent Chartered Surveyors

——— Marketing by: ———

www.1stAssociated.co.uk

XXXX

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16

APPENDICES

1. Plan

2. External photographs

3. Facilities

4. Summary of Construction

5. Photographic record

6. The best way to proceed.

7. Rising damp, or is it?

8. Rising damp, condensation and damp through your walls

9. French drains

Page 17: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

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17

PLAN OF XXX Brentwood, Essex. CM14XXX

We assume the area marked in red is exclusive use and area marked in blue is a

shared area i.e. to the main entrance and rear courtyard.

Page 18: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

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18

EXTERNAL PHOTOGRAPHS

We appreciate that you occupy the property the photographs give a record at the

point in time of our inspection.

Front Elevation

Rear Elevation Right Hand Elevation

Street View

Page 19: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

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19

FACILITIES

(All directions given as you face the property)

The following is a list of the facilities that we have inspected.

Ground Floor

1.0 Shared entrance/vestibule

2.0 Reception area

3.0 Middle

4.0 Rear Office

5.0 Kitchen to rear

6.0 Lobby, rear right hand side

7.0 Toilet, rear right hand side

Outside Areas

1.0 Shared entrance

2.0 Shared courtyard

3.0 Shared car park

Page 20: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

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20

SUMMARY OF CONSTRUCTION

External

Chimneys:

Two chimneys – removed and capped

Left hand chimney abuts the main property but is next

door’s chimney. Where it abuts it has a cement fillet

flashing rather than a lead flashing.

Main Roof:

Roof Structure:

Pitched, clad with slate

Unknown

Gutters and Downpipes:

Plastic

Soil and Vent Pipe:

Walls:

Plastic, internal

Red Flemish Bond brickwork

External Joinery: Plastic double glazed windows, with and without

trickle vents

Internal

Ceilings:

Originally lath and plaster, likely to be some areas

replaced with gypsum plaster and plasterboard and

many areas now have suspended ceilings

Walls: Solid and studwork (assumed)

Floors: Ground Floor:

Suspended timber floor to front and concrete to rear

(assumed)

Services

We believe that the property has a mains water supply, drainage, electricity and gas. The

boiler is located in the kitchen.

The above terms are explained in full in the main body of the Report.

We have used the term ‘assumed’ as we have not opened up the structure.

Page 21: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

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21

PHOTOGRAPHIC RECORD

See Schedule of Condition

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XXXX Brentwood, Essex CM14 XXX

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22

THE BEST WAY TO PROCEED

In years gone by the best way to proceed when you have a client that has left a

property in poor condition was to serve a Schedule of Dilapidations. However

in the current market we do not believe this to be the best advice and whilst we

have always recommended negotiation, apart from with the most obvious of

cases and the most difficult of clients, we now also recommend in the case of

small to medium sized clients that you carry out negotiations and understand

the tenant’s/occupier’s financial position and what they can and cannot

negotiate with.

Page 23: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

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23

LEASE SUMMARY

Lease dated: XXXX

Tenant: XXXX

Guarantor: XXX

Lease date: XXXX

Section 1: Interpretation:

The section defines the areas to be considered and relates mainly to internal

only areas such as :-

a) Floor finishes but nothing below them

b) Ceiling finishes and any suspended ceiling but nothing above the ceiling

finishes

This is additionally defined using an Exclusion section, it does however make

reference to Service Charges at twenty five percent of the service cost as

defined in Section 7.

Section 7.3.1 refers to column parts and structural parts of the building. We

feel there will only be a liability where such work has actually been carried out

and it would be best if such work has the relevant invoices etc relating to it (we

have not had any details with regard to service charges over the years).

Section 2: The Grant

Section 3: Ancillary Rights

Section 4: Rights accepted and Reserved

Section 5: Party Rights

Section 6: Annual Rent

Section 7: Services and Service Charge

Page 24: JOB REFERENCE: XXXXX PROPERTY REPORT XXXX Brentwood, …1stassociated.co.uk/building-survey/pr-brentwood1.pdf · been rented to XXXX at XXXX Brentwood, Essex CM14 XXX We inspected

XXXX Brentwood, Essex CM14 XXX

XXXX

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24

Section 8: Insurance

Section 9: Rates and Taxes

Section 10: Utilities – all costs are to the tenant

Section 11: Common items

Section 11.1 advises the tenant should pay the landlord on demand a fair

proportion of all the costs payable by a landlord for maintenance, repair,

lighting, cleaning and renewal of all Service Media, structures and other items

not on the Building but used or capable of being used by the Building in

common with other land.

This needs further clarification by appropriately qualified and experienced

solicitor.

Section 12: VAT

Section 13: Default Interest and Interest

Section 14: Costs – all costs in relation to professionals to be paid

Section 15: No deduction, Counterclaim or Set-off

Section 16: Assignments

Section 17: Underlettings

Section 18: Sharing occupation

Section 19: Charging

Section 20: Prohibition of Other Dealings

Section 21: Registration and Notification of Dealings and Occupation

Section 22: Repairs

Section 23: Decoration

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25

23.1/2/3 Redecorate within the last three months before the end of the term

23.4 Replace floor coverings

Section 24: Alterations and Signs

Section 25: Returning the Property to the Landlord

Section 26: Use

Section 27: Management of the Building

Section 28: Compliance With Laws

Section 29: Encroachments, Obstructions and Acquisition of Rights

Section 30: Remedy Breaches

Section 31: Indemnity

Section 32: Landlord’s Covenant for Quiet Enjoyment

Section 33: Guarantee and Indemnity

Section 34: Condition for Re-entry

Section 35: Liability

Section 36: Entire Agreement and Exclusion of Representations

Section 37: Notices, Consents and Approvals

Section 38: Governing Law and Jurisdiction

Section 39: Exclusion of Sections 24-28 of the 1954 Act

Section 40: Contracts (Rights of Third Parties) Act 1999

Section 41: Landlord and Tenant (Covenants) Act 1995

Schedule – Guarantee and Indemnity

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26

We advise that we have not had legal confirmation that the lease that we have looked

at is the agreed lease. We also would confirm that we have not had any legal advice

with regard to this document.

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27

Rising Damp Or Is It?

Is It Rising Damp?

In this particular article we are going to look at how

dampness can be caused by water leaks. We have

come across two instances recently where rising

damp has been diagnosed. However, when we came

to inspect the rising damp work that had been

carried out, it had been completely pointless as there

was a nearby burst water main that was causing

water to come into a cellar in one instance and in

another instance it was flooding underneath the

suspended timber floor, almost river like.

Dampness specialists will ninety nine times out of a hundred say it is rising

damp

Whichever way you look at it if you are a rising damp company often known as a damp proof specialist

you will recommend the product that you are selling. There are many other reasons for walls to be damp

everything from leaking gutters to a sloping site where the water discharges against the property.

We have recently come across two situations which we feel both warrant an article. They relate to

leaking water supply pipes. The reason we were able to diagnose this is because the supply pipes have

chlorine in them and you are able to do chlorine tests. However, in both instances rising damp had been

diagnosed. In one case a rising damp proof course had been inserted together with re-plastering and

many thousands of pounds of costs, and in the other luckily the work had not started but the proposal

was to tank all the cellar.

Tanking Defined

Tanking is a tar like substance that is supplied to walls to waterproof it very much like a water tank.

Independent Chartered Surveyors and Damp Proof Specialist Surveyors

When an independent chartered surveyor is called in they are really in a unique position as they are able

to identify the real problems and advise on the best solution, as they do not have any product to sell.

Whilst we are talking about independent chartered surveyors, we would also just mention the surveyor

that is sent round by the damp proofing companies that have BWPDA qualifications. Whilst these are

better than nothing they certainly do not compare to the mix of college, university and training with

another surveyor, that a chartered surveyor goes through before they are finally tested in front of an

independent panel.

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Rising damp, condensation and

damp through your walls

Rising damp

This is probably the most frequently diagnosed type of dampness, yet

interestingly there is substantial evidence that this type of dampness does

not exist at all. Jeff Howell, in his book The Rising Damp Myth, spent many

years trying to produce dampness in brickwork, without much success

(which in itself actually was a success!) as part of his research at South

Bank University in London and there has also been much research carried

out by the Building Research establishment (originally were the Government

department that researched building problems and now a private

equivalent), as far back as the 1960's and again in the 1980's, couldn't find the illusive rising damp.

Common sense says there is no such thing as rising damp

We would refer you to such articles, such as those produced by M Richards in 1987 If you can't see it, it

probably isn't rising damp from Structural Survey magazine and P Roper 1984 Chemical DPC's Under the

Microscope Most Rising Damp Isn't from the Building Trades Journal. We would also ask you to carry out

the following common sense questionnaire.

• Very old properties don't tend to have any damp proof course at all, yet many are not damp. Why?

• Some reasonably old properties have slate damp courses; some are damp and some are not. Again,

we would ask why?

• A modern damp proof company puts liquid into a wall to stop rising damp. How do they know when

the liquid has formed a distant barrier around the brickwork?

• Should the liquid be pumped into the brickwork or the mortar joint?

A clue with the answer, think where you typically drill the holes.

But, the specialist damp proof company surveyor used a damp proof meter

and showed me there was rising damp

This is always an interesting question, as the damp proof meters can detect all sorts of things as well as

rising damp. The electronic damp meters that they use are conductivity meters and measure the

conductivity of electricity through materials, which vary. These damp proof meters, commonly known by

the most popular trade name of Protimeter, have usually been set up to diagnose dampness based upon

wood and therefore use what is known as the wood differential scale.

First of all you need to look to see if it has been used on any other material but timber. Secondly, you

have understand how to interpret the readings; both if it is being used on timber or other materials, such

as plaster, paintwork, etc, and thirdly you need to check that the damp proof specialist surveyor hasn't

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29

Taking a damp meter reading

got his fingers over the conductivity pin to make the unit ring!

Interestingly, we have heard it argued that in a house any moisture that is in the air would be heavier

and therefore settle to the lower part of the house, and therefore the lower part of the wall causing

condensation, so this is what is being detected.

Electronic damp meters, commonly known as Protimeters

It should be remembered that the meters were designed to test for dampness

in timber and they are frequently used to test for dampness in plaster, although

a wood differential scale has been used. There is also the possibility of the

damp proof meter conducting with any metal that is nearby, such as foil backed

plasterboard, or pipes in the wall and there is always the chance that the damp

proof specialist surveyor has accidentally put his hand against the damp proof

meter and obtained a reading that way.

Using a Protometer

Example of wrongly diagnosed rising damp

We have actually seen one case of rising damp that wasn't rising damp in an old property, which had

been extended and altered over the years, and which has resulted in large areas of roofing discharging

onto other large areas of roof (these being the extensions), which in turn made the gutters overflow

whenever it rained heavily and discharge down the wall. This water coming down the wall met up with all

the water coming off the garden where it had been paved and the nearby driveway where it had been

paved, and this all resulted in water sitting against the base of the wall.

The effect was the rising damp in this case, the cause was the overflowing gutters, the patio and the

driveway discharging the water against the walls.

Please see our articles dampness for a more detailed view.

Condensation Commonly, condensation is

misdiagnosed as rising damp. Several

clues to condensation: if there is a lot of

humidity in the room and not very much

ventilation, such as in a bathroom or a

shower, where there isn't an extract fan,

then it is likely to be condensation. If you

can see a blackness to the walls, which

some people would describe as mould,

this is also condensation. The solution is

to improve ventilation, which is ironic

when we spend so much time and effort

in modern properties stopping

ventilation with plastic windows, doors,

etc. Another way of getting rid of

condensation, along with ventilation, is

to add insulation.

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30

Lateral dampness, also known as penetrating damp or falling damp, as it is

often caused by rain

This is where dampness comes through the wall and could be, for example, a rusted or cracked cast iron

guttering or downpipe. We have also seen it where water has been held by ivy on the property and this

causes spalling brickwork by the freeze thaw action of the water expanding and contracting as it freezes

and thaws. We have found this quite frequently on Victorian and Edwardian properties close to bay

windows, where the original two inch downpipe has either been blocked or replaced badly and is allowing

dampness in. Therefore, this is an area that is worth looking at if this is the type of property you have.

Dampness to valley gutters

Equally, we have found dampness to the valley gutter areas, where it can

get into the walls, particularly where there is, for example, a butterfly roof,

which leads into a hopper head, and this can often overflow and cause the

water to discharge down the wall. Unfortunately, or should we say

fortunately, there is a relatively easy way of checking this, that is next

time it is raining hard you need to go outside and inspect how the gutters

and downpipes are dealing with the water.

Valley gutter

Leaking pipes

This can relate to anything from a leaking radiator pipe or radiators, to

a leaking hot and cold water supply pipe, to leaking drainage pipes, to

the tails of old disused piping set within the wall. With the exception of

the radiator pipes, where we have seen minor leaks, we haven't seen

any major leaks in these areas over the many years we have been

carrying out surveys and we certainly haven't knowingly seen any damp

from leaking pipes. We have heard of pinhole leaks in radiator pipes that

have occurred, although we haven't actually seen it, due to a cheap

supply of piping that came over to the country many years ago.

The area where we have seen problems is with regard to defects in the drainage, particularly in Victorian

and Edwardian properties, where drains have leaked over many years and this has resulted in movement

in the property and the leaking water has forced its way into the property. In one particular case it was

actually the drains from the neighbouring property that was causing the problem and there was an

excessive amount of groundwater pressure that was forcing it up in the kitchen on the party/shared wall.

We did once see an excellent video which showed how an outside water supply for the garden had

expanded and contracted due to the cold, causing cracks within the wall.

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31

French Drains

Using a French Drain to resolve a Damp Problem

We are finding where we are asked to look at damp problems in general (i.e. damp walls and floors) that

commonly it is due to the external ground level being higher than the internal ground level. It could also

be that air bricks have been blocked, or simply paving slabs, decking or briquettes have been used to

form a patio area which then discharges any rainwater against the building. Quite often the solution is to

add a French drain. Whilst French drains are quite simple and are basically nothing more than trenches

filled with gravel (although there is a little bit more to them as we will explain), they are almost a DIY

job for most people and they are relatively easy to install and are for the most part low cost. You do

however need some care and attention when installing them. You could install what we have heard

referred to as the French pond.

What use is a French Drain?

A French drain is a trench of approximately 6 or 150mm wide (or

the width of your spade), approximately twice the depth (i.e. 12

or 300mm). In most cases this will suffice however where there is

a large amount of ground water, you may wish to make the

trench wider and deeper. A French drain acts as an area where

water soaks away quickly. We often recommend them close to

the building and not next to the building as this helps to reduce

the ground level and it will take any water that is directed at that

area away (for example as mentioned where a patio has been

placed which aims any rainwater to part of the wall). As

mentioned, whilst a French drain is a DIY job it does need some

understand of how it works.

French Drains must be on a slope

The pipe that is at the base of a French drain should be perforated or as we did years ago for land drains,

there should be gaps between each pipe which should be set onto a bed of firm ground and the pipes

should be on a fall to the drain. Whilst you should be able to ensure that there is enough fall by site, we

always like the idea of rolling a marble from one end to the other! You will then need to place the pipes

down and fill the trench with 0.5 (7.5mm) to 1 (15mm) sized gravel. You can leave it at that, or in

addition you can cover this with sand and then turf over it. This is how a basic French drain is carried

out.

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The French Drain System which we would recommend

The French drain system which we would recommend would be as described although we would add to

the base an inch or two of gravel onto which the perforated drainage pipe would rest (the drainage pipe

should be 4 (100mm) to 6 (150mm). We would then wrap around that drainage pipe a filter fabric. This

is to stop the holes in the perforated pipe from blocking up! We would then add gravel around this and

further fill with gravel. In addition to this, we would add a silt trap. This is added in the run of the pipe

and is very similar to a road gully (not that this is of much use if you don't understand how a road gully

works!). The silt trap is a rectangular box with a pipe opening at each end. The drain water passes into

this. Any particles sink to the bottom of the box and then the water travels on to the other side of the

box, enabling it to feed into a drain. These are usually made of glass reinforced polyester (it being

available in this form since the mid 1980's) and then normally reinforced with a steel frame for additional

strength and bedded in concrete.

The French Pond!

French drains will over time clog up, which is why we recommend using a filter fabric however even with

this, they will eventually clog up. Unfortunately there is no Dyno Rod equivalent and it is normally fine

sand organic matter or clay which clogs up the French drain. In this case it will have to be dug up and

the pipe work will require cleaning (or it may be quicker to just replace it) adding a filter fabric and

refilling the gravel.