Dilapidations can create costly and unexpected exposure for both landlords and tenants, making early clarity on repairing obligations absolutely essential.
Here is a practical checklist to help guide you.
Landlord's guide: Top tips for limiting dilapidations liability:
- Review the tenant’s repairing obligations
Begin by reviewing the repairing covenants in the lease to understand precisely what the tenant is responsible for. Clear knowledge of the scope of the tenant’s repairing obligations enables effective enforcement and sets realistic expectations - whether these are full repairing, internal-only, or expressly limited by a Schedule of Condition.
- Instruct an independent survey in advance of the lease expiry
Consider commissioning an independent dilapidations survey at least 6 months before lease expiry. Using a qualified building surveyor with specific experience in dilapidations provides early identification of issues, allows time for accurate costing, and establishes a robust evidential basis for any claim. This early assessment helps avoid last‑minute disputes and supports efficient negotiations.
- Maintain open dialogue
Engage in early dialogue with the tenant and consider serving an interim schedule of dilapidations before the lease ends. Open and fair communication reduces potential disputes and encourages timely remediation.
- Claims
Any potential dilapidations claim should be accurately costed, evidence‑based, not inflated, and proportionate to the tenant’s actual obligations under the lease. Well prepared, realistic claims are more likely to be accepted by tenants, reduce negotiation time and minimise the risk of litigation. Proper quantification also supports compliance with professional standards.
How we can help
Our Commercial Property and Litigation experts can provide information and advice to ensure any potential loss is avoided and lease obligations are met.
For more information, please contact the Lindsays Commercial Property team.