As a commercial property solicitor, one of the most contentious issues I deal with is dilapidations. These are disputes over the state of a property when a lease ends.
For landlords, it’s about recovering the cost of repairs. For tenants, it’s often about limiting liability. Either way, misunderstanding your obligations can lead to unnecessary cost and stress.
What Are Dilapidations?
“Dilapidations” refer to the tenant’s obligation to repair, redecorate, or reinstate the premises at the end of a lease.
A landlord will usually serve a Schedule of Dilapidations, prepared by a surveyor, listing the alleged breaches.
The Legal Framework
The Landlord and Tenant Act 1927 (Section 18) limits a landlord’s claim to the actual loss in property value, not simply the cost of works.
Tenants often don’t realise this — and pay inflated claims that could be reduced by 50–70% with proper representation.
How Tenants Can Protect Themselves
- Get a Schedule of Condition when the lease starts.
- Maintain the premises and keep repair records.
- Take legal advice early, ideally six months before lease end.
- Negotiate before vacating because settlements are often quicker and cheaper pre-termination.
Landlords: How to Strengthen Your Claim
- Keep inspection records during the lease.
- Serve the Schedule of Dilapidations promptly after expiry.
- Ensure your claim complies with the Dilapidations Protocol before any court action.
Why Legal Input Matters
A good solicitor coordinates with your surveyor, challenges inflated costs, and ensures compliance with the Protocol.
At Johnson & Boon, we regularly save clients tens of thousands by achieving fair settlements and avoiding court altogether.
If you’re a landlord or tenant facing a dilapidations issue, contact us for a clear, cost-effective strategy.
