Our specialist diminution valuations provide accurate, independent advice on valuation – not only for dilapidations disputes, but also in situations such as claims of negligence in conveyancing. With a comprehensive understanding of the legal framework, we deliver timely and relevant advice to help prevent disputes escalating, and minimising your costs.
Diminution valuations, commonly referred to as Section 18 valuations, are primarily associated with dilapidations disputes. However, they can be applied in all manner of property-related legal cases, to help calculate the damages to which a party is entitled – which are restricted to the amount by which the value of a property has been reduced.
- In the case of dilapidations disputes, the statutory cap is imposed by section 18 (1) of the Landlord and Tenant Act 1927 and the common law
- Under this Act, the most a landlord can recover from tenants in breach of the repair obligations is the amount their property value has decreased by – even if the cost of those repairs may be significantly higher
- Under common law, this can be extended to other breaches of covenant, such as failure to reinstate alterations
- Diminution in value of the property can also be used to limit damages in cases such as negligence claim against a solicitor in a conveyancing case
Whatever the case, it is important to have a valuer that not only understands the legal framework, but also the property market and current values. This is where our expert valuers come in.
Working closely with our agency teams in the local area, our valuers provide market-focused advice based on sound legal principles.