What are Dilapidations?

When you picture a dilapidated building, you may think of abandoned houses, such as those featured in horror movies. However, dilapidations claims are much more common and mundane. Although no less daunting than the stereotype of a dilapidated house.

Dilapidations, in legal terms, means that a tenant must keep the rented property in the same condition as when they moved in.

Dilapidations process

Once a tenancy ends, a landlord may send a ‘Schedule of Dilapidations.’ This document shows the tenant’s responsibility to care for the property. It lists any work needed to restore the property to its original state. It also includes the costs related to this work.
Note: For anyone beginning a tenancy, you should consider agreeing a schedule of condition before occupying the premises

The cost can include repairs and cosmetic changes. It can also cover lost rental income during repairs. Additionally, it may include legal or professional fees.

This means that the price of these claims can increase quickly. Possibly reaching tens of thousands of pounds, especially for commercial properties.

Can you refuse a dilapidation claim?

If you receive a Schedule of Dilapidations, you have three options.

You can agree to the terms and pay the landlord the amount required to restore the property. You can agree and manage the repairs yourself (as long as you’re still residing in the property). This can reduce the costs of restoration. Alternatively, you can dispute the claim.

You can dispute the Schedule of Dilapidations if you can argue:

• The proposed costs do not align with the realistic costs for repairs  

• The restorations are unnecessary and do not return the property to the original state

• The terms of your lease did not require you to maintain an aspect of the property you are being asked to pay for

• The price should be capped due to the Diminution Valuation (as outlined in the Landlord and Tenant Act, 1927)

• The landlord plans to change the use of the property, rendering the repairs irrelevant, known as supersession

Disputing a claim is best done with the guidance of a professional who specialises in dilapidations and landlord and tenant disputes. To learn how DFA Law can help you, call 01604 609560 or email info@dfalaw.co.uk.