Dilapidations solicitors in Leicester

Dilapidations are breaches of a tenant’s obligations about the condition of the premises: repair, decoration, reinstatement of alterations and compliance with laws. At the end of a lease, landlords often serve a schedule of dilapidations claiming the cost of putting things right.

How a claim usually runs

The landlord’s surveyor prepares a terminal schedule listing alleged breaches and the cost of remedying them. The tenant’s surveyor responds. Negotiations follow, often ending in a settlement well below the original figure. The Dilapidations Protocol sets out the expected steps and timescales, and courts expect both sides to follow it.

Ways to reduce a claim

• Check what the lease actually requires. A schedule of condition attached to the lease may limit your repairing obligations.
• The statutory cap. Damages for disrepair are limited to the reduction in the value of the landlord’s interest.
• Supersession. If the landlord plans to redevelop or refurbish, the works claimed may never be done.
• Reinstatement. Whether you must remove alterations depends on the lease and any licence for alterations.

For tenants: plan ahead

The cheapest time to deal with dilapidations is before the lease ends. Get a surveyor to assess liability about 12 to 18 months before the end or a break date. If you’re exercising a break clause, check the conditions carefully: failing to give vacant possession can mean the break fails.

For landlords

Serve your schedule promptly, make sure the costs claimed are realistic, and be ready to show your loss.

Common questions