Section 18(1) and diminution in value
Worked example 2: diminution of value, with supersession
A purchaser who plans to upgrade the property to a category A specification within 9-months, which would supersede 50% of the dilapidations before seeking to actively market and let the property at a market rent of £80.00 per sq. ft. while allowing for a 6-month marketing void. It would expect to attract a new tenant of good covenant willing to commit to a 10-year lease without break option with a 12-month rent-free period.
Valuation A - compliant state | |||||||
---|---|---|---|---|---|---|---|
Ground to fifth floor (offices) | 10,000 sq. ft | @ | £80.00 psf | £800,000 | |||
Initial yield (VP): YP perp | 4.75% | @ | Years purchase | 21.05263 | |||
Sub-total | £16,842,105 | ||||||
Less cost of works | |||||||
Refurbishment | £80 psf | £800,000 | |||||
Preliminaries | 10% | £80,000 | |||||
Contractor's overheads and profit | 9% | £72,000 | |||||
Contract administration | 11% | £88,000 | |||||
CDM coordinator | 1% | £8,000 | |||||
£1,048,000 | |||||||
VAT | 20% | n/a | |||||
Sub-total | £1,048,000 | ||||||
Profit/risk to purchaser | 15% | £157,200 | |||||
Cost of finance (over half works period) | 6% | £15,720 | -£1,220,920 | ||||
Less lease transaction costs | |||||||
Letting fees | 10% | £80,000 | |||||
Legals/lease conveyancing | Fixed | £7,500 | -£87,500 | ||||
Less void costs | |||||||
Refurb works: 39 weeks [9 months]: | £600,000 | ||||||
Marketing void: 26 weeks [6 months]: | £400,000 | ||||||
Empty rates: 52 weeks [12 months] (allowing 3 months empty rates) -RV £400,000 x UBR £0.487: | £194,800 | ||||||
Rent free: 52 weeks [12 months]: | £800,000 | ||||||
Unrecoverable insurance: annual premium £15,000 - 65 weeks [15 months]: | £18,750 | -£2,013,550 | -£3,321,970 | ||||
Sub-total | £13,520,135 | ||||||
Less purchaser costs | |||||||
Legal; agents; SDLT (5.75%) | -£735,138 | ||||||
Total | £12,784,998 | ||||||
But say | £12,785,000 | ||||||
Check valuation | £1,279 psf |
Valuation B - in actual condition | |||||||
---|---|---|---|---|---|---|---|
Ground to fifth floor (offices) | 10,000 sq. ft | @ | £80.00 psf | £800,000 | |||
Initial yield (VP): YP perp | 4.75% | @ | Years purchase | 21.05263 | |||
Sub-total | £17,842,105 | ||||||
Less cost of works | |||||||
Refurbishment | £80 psf | £800,000 | |||||
Dilapidations | £25 psf | £250,000 | |||||
Sub-total | £1,050,000 | ||||||
Less supersession | 50% | £125,000 | |||||
Sub-total | £925,000 | ||||||
Preliminaries | 10% | £80,000 | |||||
Contractor's overheads and profits | 1% | £8,000 | |||||
Contract administration | 11% | £88,000 | |||||
CDM coordinator | 1% | £8,000 | |||||
£1,173,000 | |||||||
VAT | 20% | n/a | |||||
Sub-total | £1,173,000 | ||||||
Profit/risk to purchaser | 15% | £175,950 | |||||
Cost of finance (over half works period) | 6% | £26,393 | |||||
Less lease transation costs | |||||||
Letting fees | 10% | £80,000 | |||||
Legals/lease conveyancing | Fixed | £7,500 | -£87,500 | ||||
Less void costs | |||||||
Refurb works: 39 weeks [9 months]: | £600,000 | ||||||
Dilaps work (undertaken during refurb) | n/a | ||||||
Marketing void: 26 weeks [6 months]: | £400,000 | ||||||
Empty rates: 52 week [12 months] (allowing 3 months empty rates) - RV £400,000 x UBR £0.487: | £194,800 | ||||||
Rent free: 52 weeks [12 months]: | £800,000 | ||||||
Unrecoverable insurance: annual premium £15,000 - 65 weeks [15 months]: | £18,750 | ||||||
Sub-total | £13,365,713 | ||||||
Less purchaser costs | |||||||
Legal; agents; SDLT (5.75%) | -£726,743 | ||||||
Total | £12,638,970 | ||||||
But say | £12,539,000 | ||||||
Check valuation | £1,264 psf |
The highest valuation in both a compliant state and actual condition is that from the bid of hypothetical purchaser (2). The difference between these 2 valuations of £12,785,000 and £12,639,000 is £146,000, which forms a cap on the common law claim of £700,000.
There may of course be a third hypothetical purchaser, who plans to convert the property to residential under the permitted development rights on which a more comprehensive appraisal would be required.