Dilapidations

Dilapidations refers to the repairing obligations of a tenant or landlord under a lease.

Where a lease is nearing the end of it’s term the landlord usually has the right to appoint a surveyor to enter the premises and prepare a schedule of dilapidations on his/her behalf. This schedule sets out breaches of the tenant’s repairing obligations and the repairs the landlord requires to rectify these. These repairs are usually costed to form the basis of a settlement or claim where the tenant does not wish to carry out repairs or is unable to do so.

Where a landlord is concerned that a property is falling into serious disrepair during a lease an interim schedule of dilapidations may also be appropriate, this being used to try to force the tenant to carry out essential repairs.

At the commencement of a lease the tenant or landlord may wish to commission a schedule of condition to record the condition of the property at commencement.

This type of schedule establishes a factual record of the condition of the property at commnencement and can prove a very useful tool for tenants seeking to exclude certain elements from their repairing obligations at the start of the lease. Equally the schedule can be used by a Landlord at the end of the term to prove that a defect did not exist at commencement.

Our experienced team of Chartered Surveyors can prepare schedules of condition or dilapaidations on your behalf or provide specific advice to landlords or tenants in respect of their rights or obligations under a lease.

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