Dental Tribune United Kingdom Edition

27Business ManagementSeptember 10-16, 2012United Kingdom Edition MCX SMALL BODY – BIG HEART The MCX with adjustable LED light is the smallest and lightest brushless micromotor ever designed by Bien-Air. Use it with the new Bien-Air Micro-Series instruments for a micromotor/instrument assembly that‘s even smaller than a turbine, guaranteeing unbeatable performance. With the MCX and Micro-Series you benefit from unprecedented grip and balance, guaranteeing more precise control and less fatigue at the end of the day. Why go without? MCX SET Ref. 1700428-001 Offer comprises: – 1 MCX LED micromotor – 1 DMCX electronic control board – 1 hose for MCX LED micromotor – 1 converter, 24Vac/32 Vdc-24 Vdc – 1 transformer – Wiring loom – Accessories £ 995.–RRP £ 1,295.–* * Price does not include cost of specialist installation. Micro-Series contra-angle sold separately. NEW THE WORLD’S SHORTEST HANDPIECE SYSTEM IS NOW AT THE LOWEST PRICE offervalidto31st December2012 Bien-Air UK Limited Arundel House Unit 1 - Ground Floor Amberley Court Whitworth Road Crawley West Sussex RH11 7XL England Tel. +44 (0) 1293 550 200 Fax +44 (0) 1293 520 481 ba-uk@bienair.com www.bienair.com MCX micromotor and Micro-Series contra-angle 40% more compact and 33% lighter than MX micromotor and Classic contra-angle MX micromotor and classic contra-angle a schedule of dilapidations at any time. However, in practice the issues usually arise when the tenant is seeking to make alterations or sell the property on. At this point, a disagree- ment over the condition of the property can be time consum- ing and costly for the existing leaseholder. It is not uncommon for a lease to contain provisions stating that it cannot be as- signed to a new leaseholder if there are any existing breach- es of the lease. Landlords sometimes choose to serve a schedule of dilapidations when there is the opportunity of an assignment, in a bid to force the existing leaseholder to carry out repairs before they are able to sell their in- terest in the property. Impact The impact can be dramatic for the leaseholder. They will be unable to sell their prop- erty until the repairs have been completed and they may well put off the potential new tenant, who will be aware that the property features items of disrepair. This can be the case even if the issues with the property are relative- ly minor ones. Even if a lease does not fea- ture a covenant that allows re- fusal of an assignment before dilapidations are addressed, landlords may still try to ex- ercise that power. I recently came across a case where the landlord still refused to allow an assignment until repairs were made, despite having no right within the lease to place such a condition on his con- sent. He did this, in effect, by moving extremely slowly until the issues with the building were resolved. The enormous pressure on the selling leaseholder also served to discourage the buyer. The landlord was acting unlawfully in this case by withholding his con- sent to the assignment, but in practice the tenant was left with the choice of either tak- ing the landlord to court for a possibly lengthy battle, or simply settling the dilapida- tions claim. Recession can make land- lords very keen to maintain their properties in a good con- dition, in case tenants go out of business and they end up with a vacant property that needs to appeal to a new user. As a result, a difficult economy can mean landlords are more likely to serve a schedule of dilapidations. More unscru- pulous freeholders can also over-value repair works with the view to making a profit, thought whether this is possi- ble will depend on the draft- ing of the lease. Solution The complexities of the UK leasehold system, and the differences in the draft- ing of leasehold documents, mean there is no ‘one size fits all’ solution to these is- sues. The common terms in- volved are by no means uni- versal. This makes it all the more important that your lease is well-drafted and that you are fully aware of any ob- ligations and conditions it en- tails. As always, expert advice from a dental lawyer is an es- sential safeguard. DT About the author Goodman Legal, Lawyers for Den- tists, has many years’ experience in providing legal services to dentists setting up their own practices. For more informa- tion call Ray Goodman on 0151 707 0090 or email rng@goodmanlegal. co.uk www.goodmanlegal.co.uk ‘Recession can make landlords very keen to main- tain their properties in a good condition’