1. Starting too late
The mistake:
Waiting until the lease has expired (or is about to expire) before thinking about dilapidations. Then rushing to instruct a surveyor, inspect the property, and prepare a schedule under time pressure.
Why it hurts:
- Rushed schedules contain errors and miss items
- Less time for proper evidence gathering
- Compressed negotiation period
- Appears reactive rather than professional
- Protocol recommends service within 56 days of expiry — hard to meet if you haven’t started
The fix:
Start 12-18 months before lease expiry. Review the lease, inspect the property, and prepare properly.
2. Not reviewing the lease properly
The mistake:
Assuming you know what the lease says, or relying on memory/standard assumptions. Not checking for Schedules of Condition, licences for alterations, or unusual provisions.
Why it hurts:
- Claims for items that aren’t actually lease breaches get rejected
- Schedule of Condition defences catch you by surprise
- Licences may permit alterations you’re claiming should be reinstated
- Unusual lease terms may limit or modify obligations
The fix:
Read the lease. Every time. Check for attached schedules, referenced documents, and any variations. Understand exactly what your tenant was obligated to do.
3. Overreaching
The mistake:
Including items in the schedule that aren’t genuine lease breaches. Claiming for matters that exceed the tenant’s obligations. Padding the schedule to create negotiating room.
Why it hurts:
- Invalid items damage your credibility
- Invites wholesale challenge to the schedule
- May trigger costs consequences if matters proceed
- Experienced tenant surveyors will expose overreaching
The fix:
Every item should be a genuine breach, properly referenced to the lease clause breached. Quality beats quantity. A tight schedule with 50 valid items is stronger than a padded schedule with 100 items, half of which are questionable.
4. Inflating costs
The mistake:
Using premium rates, gold-plated specifications, or excessive quantities to inflate the claimed figures. Assuming tenants won’t check.
Why it hurts:
- Costs get challenged and reduced
- Credibility damage affects the whole claim
- May suggest bad faith
- Tenants will obtain their own costings
The fix:
Use realistic, market-rate costs with proper evidence. Defend figures you can stand behind. The schedule should reflect what works would reasonably cost, not an aspirational wish list.
5. Ignoring supersession
The mistake:
Claiming full repair costs when you’re planning to demolish, substantially refurbish, or sell for development. Hoping the tenant won’t find out.
Why it hurts:
- Tenants investigate. Planning applications are public. Marketing is visible.
- Courts don’t allow recovery for works you weren’t going to do
- Attempting to conceal plans damages credibility
- May face costs penalties for unreasonable conduct
The fix:
If you have development plans, factor them into your claim strategy from the start. Focus on items genuinely unaffected by your plans. Be honest about what you’re actually going to do.
6. Poor documentation
The mistake:
Inadequate photographs. Missing records. Vague descriptions. No evidence to support claims.
Why it hurts:
- “He said, she said” arguments favour the tenant
- Difficult to prove the condition at lease end
- Can’t demonstrate what breaches existed
- Weakens position in any dispute
The fix:
Document everything. Comprehensive photography, dated and referenced. Written inspection records. Copies of all correspondence. The schedule should be evidence-ready.
7. Forgetting the Schedule of Condition
The mistake:
Failing to check whether a Schedule of Condition was attached to the lease. Claiming for items that were already in that condition at lease start.
Why it hurts:
- The tenant produces the schedule and eliminates large portions of your claim
- Looks like you didn’t do basic due diligence
- Credibility damage affects remaining items
The fix:
Check for a Schedule of Condition early. If one exists, review it before preparing your claim. Exclude items covered by the schedule.
8. Accepting rent after knowledge of breach
The mistake:
Continuing to accept rent after becoming aware of covenant breaches, without reservation. This can waive your right to forfeit if you have served an interim schedule under a S146 notice — and may affect your dilapidations position.
Why it hurts:
- Waiver arguments complicate your claim
- May lose forfeiture as an option
- Creates ambiguity about your position
The fix:
If you’re concerned about breaches, take advice before continuing to accept rent. Consider accepting “without prejudice to” your position on breaches. This is primarily relevant if you’re considering forfeiture, but awareness matters.
9. Not serving on time
The mistake:
Excessive delay in serving the schedule after lease expiry. Months or years passing before the claim is formalised.
Why it hurts:
- Protocol expects service within 56 days
- Delay weakens negotiating position
- Serving after lease expiry may remove your right to claim for reinstatement items (depending on the wording of the lease)
- Evidence becomes stale
- Tenant has moved on, focused elsewhere
- Limitation is 6 years, but practical leverage diminishes quickly
The fix:
Serve promptly. Ideally a terminal schedule before lease end. If serving a final schedule, do so within the Protocol timeframe.
10. DIY preparation
The mistake:
Trying to prepare the schedule yourself, without professional surveyor input. Using template documents or guessing at costs.
Why it hurts:
- Protocol requires schedules to be prepared by a surveyor or other qualified person
- Lack of expertise shows in the document
- Likely to contain errors, overreaching, or missed items
- Tenant’s professional surveyor will take advantage
- May not be compliant with Protocol, affecting court position
The fix:
Instruct a professional dilapidations surveyor. The cost is recovered many times over through a stronger claim and better settlement.
11. Not understanding Section 18
The mistake:
Assuming you’ll recover the full cost of works without considering whether your claim is capped by diminution in value.
Why it hurts:
- Section 18 caps damages at the reduction in property value caused by the breaches
- If your property’s value isn’t diminished (because it’s being sold for development, or re-let regardless of condition), your claim may be limited
- Tenants will raise Section 18 — you should anticipate it
The fix:
Consider Section 18 implications early. If diminution arguments are likely, factor them into your expectations and strategy. Don’t assume cost of works equals recoverable damages.
12. Aggressive negotiation
The mistake:
Taking an adversarial approach that makes settlement harder. Refusing reasonable offers. Demanding unrealistic figures.
Why it hurts:
- Most claims settle through negotiation
- Unreasonable conduct affects costs if matters proceed
- Burns relationship for no benefit
- Often costs more than it gains
The fix:
Negotiate professionally and constructively. Be firm on valid claims, but realistic. The goal is a fair settlement, not a fight.
Key Takeaways
- Start early — 12-18 months before lease expiry
- Read the lease — every time, properly
- Don’t overreach — quality beats quantity
- Use realistic costs — defend what you claim
- Check for Schedules of Condition — before you claim
- Document thoroughly — evidence wins arguments
- Serve promptly — within Protocol timeframes
- Use professionals — the cost is worth it
- Understand Section 18 — your claim may be capped
- Negotiate sensibly — the goal is settlement
Need Help?
If you want to avoid these mistakes and maximise your dilapidations recovery, we can help. Professional preparation, realistic expectations, and proper process deliver better outcomes.
Related Services:
- Dilapidations for Landlords — Professional claim preparation
- Schedules of Condition for Landlords — Protecting your position from lease start
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