Dilapidations Claim by a Landlord


We are surveyors that understand commercial property. We pride ourselves on our high standards of work. We can offer Schedules of Condition with regard to leases , Property Reports, Schedules of Dilapidations, Scott Schedules, Commercial Building Surveys, Structural Reports and Specific Defects Reports.

If you have a property problem we may even already have written an article on it and we would refer you to the many articles we have on our home page 1stAssociated.co.uk. We use independent surveyors who are more than happy to chat. Please Free phone us on 0800 298 5424 and surveyor will call you back.

Free phone 0800 298 5424

What is a dilapidations claim?

A dilapidations (dilaps) claim by a landlord is where they feel that you have not reached the requirements of the lease contract, known as covenants. The claim will initially relate to items of repair, decoration, alteration and reinstatement, statutory obligations within the lease, but if these obligations aren't met before the property is yielded up (given back) then further claims may be made for loss of rent, rates, etc.


Repairing covenants/obligations and full repairing leases

Your lease will have repairing obligations. Most modern leases are full repairing and insuring (known as FRI leases), which means that you have to fully repair them and insure them. The landlords dilapidations claim identifies what, in their eyes, are not up to the standard of repair set out within the lease.



In our experience most leases have a decoration covenant requiring redecoration at certain intervals, particularly at the end of a lease. The landlord may serve an interim dilapidation where this is not met, or a terminal (end) dilaps, where they feel hasn't been met. Equally, they may build an argument around the lack of redecoration as set out within the lease, being a cause for additional repair.




Alteration and reinstatement

Unless proper records are kept of how the property was originally and how it has been altered with the agreement of the landlord then they may require the property to be reinstated to its original configuration. When we say agreement with the landlord we don't mean verbally but we mean written, which may also incorporate drawings and specification of works and a written approval being given, or whatever the terms of the lease require.

A problem that we have come across several times is where the tenant feels that the property is more lettable in its present configuration that it was when they took it on, for example if they have added offices or a mezzanine floor. Put simply, this isn't the tenant's decision as to whether the property is more lettable, it is the landlord's decision. Remember it is his business to let out properties and therefore he should be more expert than the tenant in what is lettable (although it isn't necessarily the case). The landlord has the right, assuming that it is set out within the lease properly, to ask for the property to be returned to its original configuration.


Statutory obligations

This can be a very onerous clause and is present in most modern leases requiring the leaseholder/tenant to meet any statutory obligations, even if these are new and have been formed after the lease. Complying with the Disability Discrimination Act relating to access for the less-abled/disabled is a good example of a statutory obligation. There are many other examples, such as complying with fire regulations, etc.


What does yielding up mean?

Yielding up is simply the requirement to return the property in the condition set out within the lease. This may have further additional clauses over and above those already mentioned.


The dilapidations claim doesn't stop there

All of the above once explained seem relatively self-explanatory, although the detail of each one can be argued over forever more and other things can also be added to the claim.


Professional fees

Some leases will have clauses relating to the professional fee costs incurred by the landlord in serving the dilapidations schedule and this should be identified as one of your potential future costs.


Consequential losses

  The landlord can also claim for many other consequential losses. The RICS (Royal Institution of Chartered Surveyors) Guidance Notes on Dilapidations give the following list (for a full list please read the guidance notes):


Legal feels in connection with the service of the schedule

Administration of the work envisaged by the schedule


Holding costs expected to be incurred before re-letting or sale, as the case may be

Loss of rent until the end of any works and during any additional marketing period required as a consequence

Breaks liability

Insuring, security, energy, including costs reflected in the building works claim

Loss due to the lack of service charges

Financial costs including interest

Preparation of the schedule (which we have already mentioned)

Surveyors feels (which we have already mentioned)

This is all of course dependent upon the specific lease.


A Section 18 valuation

Costs of the dilapidations claim are however capped by the Section 18 valuation. We are not certain whether this includes the consequential losses as well. We would be very interested to hear from any solicitors that have dealt with a Section 18 valuation and advise further.

We have produced a number of articles and book reviews on dilapidations, for more information go to:

Information on Dilapidations


Independent Surveyors

If you truly do want an independent expert opinion from a surveyor with regard to valuations, mortgages, mortgage companies, surveys, building surveys, structural reports, engineers reports, specific defects report, structural surveys, home buyers reports or any other property matters please contact 0800 298 5424 for a surveyor to give you a call back.

Commercial Property

If you have a commercial property, whether it is freehold or leasehold then sooner or later you may get involved with dilapidation claims. You may wish to look at our Dilapidations Website at www.DilapsHelp.com and for Disputes go to our Disputes Help site www.DisputesHelp.com

We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).

The contents of the web site are for general information only and are not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision.

All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of www.1stAssociated.co.uk


building engineers

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright 1stassociated.co.uk

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert


Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?



Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients


First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information


Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West


North and North East



London Markets

London Parks



Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax