1. Don’t panic — and don’t ignore it
The first thing to understand: a dilapidations claim is an opening position, not a verdict. Landlords’ schedules routinely include items that are inflated, incorrectly costed, or simply not your responsibility under the lease. The gap between initial claim and final settlement is often substantial.
That said, ignoring the claim isn’t an option. You have obligations under the Dilapidations Protocol to engage constructively. Ignoring it won’t make it go away — it will only weaken your negotiating position and potentially your legal standing.
The right response is measured: take the claim seriously, but don’t assume the figures are correct or final.
2. Understand what you’ve received
A Schedule of Dilapidations is a formal document listing alleged breaches of your lease obligations. It typically includes:
- Repair items — things the landlord says are broken, damaged, or deteriorated
- Decoration — internal and external redecoration requirements
- Reinstatement — alterations you’ve made that must be removed
- Compliance matters — items like statutory compliance or cleaning
Each item should reference the lease clause you’ve allegedly breached and include a cost estimate for putting it right.
Review the schedule to understand its structure and total. Note the categories and the biggest-ticket items — these are where successful challenges make the most difference.
3. Check the basics
Before diving into the detail, verify some fundamentals:
Is it served correctly? The Dilapidations Protocol sets out how claims should be served. Procedural failures don’t invalidate the claim, but they can affect how it’s handled.
Is the timing right? Terminal schedules are typically served around lease expiry. If you’ve received one significantly early or late, note this.
Do you have a Schedule of Condition? If a Schedule of Condition was attached to your lease at commencement, it limits your liability to the condition recorded at that time. This is potentially your most powerful defence — if you have one, find it immediately.
4. Get professional advice
This is not a DIY situation. Dilapidations claims involve complex interactions between lease interpretation, building condition, statutory limitations, and negotiation strategy. The cost of professional advice is almost always recovered many times over through reductions in the claim.
A specialist dilapidations surveyor will:
- Review your lease and associated documents to understand your actual obligations
- Inspect the property to assess what’s genuinely in disrepair
- Analyse the schedule item by item, identifying challenges
- Prepare a formal response (a Scott Schedule) setting out your position
- Negotiate with your landlord’s surveyor to reach a settlement
The difference between accepting the claim at face value and instructing a professional can be tens of thousands of pounds. We regularly achieve significant reductions on initial claims.
5. Know your potential defences
Several legal and practical defences can reduce or eliminate parts of a dilapidations claim:
Schedule of Condition — If one exists, items that were already in that condition at lease start aren’t your responsibility.
Supersession — If the landlord is planning to demolish, substantially redevelop, or carry out works that would remove the defects anyway, your liability may be reduced or eliminated entirely.
Section 18 (Diminution) — Your liability is capped at the reduction in the property’s value caused by the breaches. If the disrepair doesn’t actually diminish the property’s value, your liability is limited regardless of repair costs.
Want of repair — Not everything that looks tired is technically in disrepair. The landlord must demonstrate an actual breach of your repairing covenant.
Betterment — You’re not required to hand back the property in better condition than at lease start. If the landlord’s specification would result in improvement rather than repair, that element can be challenged.
Incorrect costing — Landlords’ cost estimates often assume high-end contractors and gold-plated specifications. Challenging unreasonable costs is standard practice.
6. Respond within a reasonable timeframe
The Dilapidations Protocol suggests responding within 56 days, though this can be negotiated if you need more time for a proper assessment. What matters is engaging constructively — not rushing to respond before you’ve properly analysed the claim.
Your response should be a formal Scott Schedule: an item-by-item response that accepts valid items, challenges invalid ones, and proposes alternative figures where appropriate. This isn’t a letter saying “we disagree” — it’s a detailed, evidenced rebuttal prepared by a professional.
7. Consider your options: works or compensation?
One question you’ll face: should you carry out the works yourself before lease end, or negotiate a cash settlement?
Doing works yourself will usually be cheaper, particularly for items like internal decoration where you control the specification and contractors. It can also remove items from the schedule entirely, but only if those works are completed to a good standard.
Cash settlement is often simpler and may be cheaper where the landlord’s plans mean works won’t actually be done (triggering supersession arguments) or where the cost of works exceeds the diminution in value.
There’s no universal answer — it depends on your specific circumstances, the nature of the works, and your landlord’s intentions. This is where professional advice is essential.
8. Expect negotiation, not confrontation
Most dilapidations claims settle through negotiation between surveyors. It’s rarely adversarial — it’s a structured process of offer and counter-offer, working through each item to reach an agreed position.
The goal is a fair settlement that reflects your actual liability under the lease, not a fight. Both sides have an interest in resolving matters efficiently.
If negotiation fails, options include mediation, expert determination, or court — but these are relatively rare. A well-prepared claim on one side and a well-prepared defence on the other usually find common ground.
Key Takeaways
- The initial claim is not final — significant reductions are normal
- Get professional advice early — the cost is recovered through better outcomes
- Check for a Schedule of Condition — it’s your most powerful defence if one exists
- Engage constructively — ignoring the claim weakens your position
- Know your defences — supersession, Section 18, betterment, and others can significantly reduce liability
- Most claims settle — negotiation, not litigation, is the norm
Need Help?
If you’ve received a dilapidations claim, we can help. We’ll review your lease, inspect the property, and prepare a professional response that protects your interests and achieves the best possible outcome.
Related Services:
- Dilapidations for Tenants — Expert defence and negotiation of your claim
- Dilapidations Assessments — If your lease hasn’t ended yet, understand your exposure before the claim arrives
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