1. What is supersession?
Supersession is a defence against dilapidations claims based on the landlord’s intentions for the property after your lease ends. The principle is straightforward: if the landlord is going to carry out works that would remove or obliterate the defects anyway, they can’t recover compensation from you for those defects.
Courts won’t allow landlords to be compensated for works they were never going to do.
The term comes from Section 18(1) of the Landlord and Tenant Act 1927, which provides that no damages can be recovered if the property is to be “demolished or such structural alterations made as would render the repairs valueless.”
In practice, supersession applies more broadly than just demolition — it can cover any works that would make your repair obligation irrelevant.
2. How supersession works
Consider these scenarios:
Full demolition
Your landlord plans to demolish the building and build something new. Every repair item in the schedule becomes irrelevant — the whole building is coming down. Supersession could eliminate the entire claim. The only elements likely to remain are removal of tenant's chattels, fixtures and alterations.
Substantial refurbishment
The landlord plans a major refurbishment that will strip out and replace all internal finishes, services, and possibly the roof. Items relating to those elements are superseded — even if the building isn’t demolished.
Partial works
The landlord is replacing the roof as part of their asset management strategy. Your roof repair items are superseded, even if other items in the schedule remain valid.
Change of use
A conversion from office to residential might require such substantial works that much of your dilapidations liability is superseded by works the landlord is doing anyway.
The key question in each case: would the landlord’s intended works remove or make valueless the defects you’re being charged for?
3. What triggers supersession?
Supersession requires evidence of the landlord’s actual intentions. Relevant factors include:
Planning applications and permissions
Has the landlord applied for planning permission for demolition or substantial works? Granted permissions are strong evidence; pending applications are still relevant.
Development agreements
Has the landlord entered into agreements with developers? Sale contracts with development conditions?
Marketing materials
Is the property being marketed for development or with vacant possession for redevelopment potential?
Board minutes and internal documents
What do the landlord’s own records show about their intentions? (These may emerge through negotiation or disclosure.)
Asset management strategy
For institutional landlords, what does their published strategy say about properties of this type?
Physical evidence
Is demolition or works actually underway or imminent?
Timing
The closer to actual works, the stronger the evidence. Vague future intentions carry less weight than imminent plans.
4. The burden of proof
Here’s the challenge: the burden is on you (the tenant) to prove supersession applies. The landlord isn’t required to volunteer their plans, and they may actively obscure them to preserve their claim.
This means you need to:
Investigate — What can you discover about the landlord’s intentions through public sources, market intelligence, or direct enquiry?
Request information — Ask the landlord directly what they intend to do with the property. They may refuse to answer, but their silence can be telling.
Monitor — Watch for planning applications, marketing activity, or physical works.
Challenge — If you have evidence of supersession, raise it formally in your Scott Schedule response and negotiation.
A skilled dilapidations surveyor knows how to investigate and present supersession arguments effectively.
5. Partial vs total supersession
Supersession isn’t always all-or-nothing:
Total supersession
The landlord’s plans would obliterate every defect in the schedule. Your entire liability could be extinguished. This typically requires demolition or comprehensive redevelopment.
Partial supersession
Some items are superseded, others aren’t. For example:
- Roof replacement supersedes roof repair items
- Internal strip-out supersedes decoration and fit-out items
- But external repairs might remain valid if the façade is being retained
In partial supersession cases, the claim is reduced to items not affected by the landlord’s works.
6. Supersession vs Section 18
Supersession and Section 18 (diminution) are related but distinct:
Section 18 caps your liability at the reduction in property value caused by your breaches. If disrepair doesn’t diminish value, your liability is limited.
Supersession eliminates liability for items that the landlord’s works would remove anyway. It goes further than Section 18 by potentially zeroing out items entirely, rather than just capping them.
In practice, these defences often work together:
- Supersession eliminates items the landlord won’t action
- Section 18 caps remaining items at actual diminution
- The combined effect can dramatically reduce a claim
7. What landlords do to protect against supersession
Landlords know about supersession and may take steps to preserve their claims:
Delay announcing plans — Keeping intentions vague until after settlement.
Do the works and then claim — If works are actually done, the landlord can claim actual costs incurred (though this brings other challenges).
Argue works are separate — Claiming their planned works are “improvement” rather than repair, so your repair obligation remains.
Refuse to disclose — Simply not answering questions about intentions.
Time the claim — Serving and settling claims before plans crystallise.
Your surveyor needs to anticipate these tactics and investigate despite them.
8. Practical steps to use supersession
If you suspect supersession might apply:
1. Gather evidence — Planning portal searches, market research, direct enquiries, public statements.
2. Ask the landlord — Formally request their intentions in writing. Document their response (or non-response).
3. Include in your response — Your Scott Schedule should raise supersession where evidence supports it.
4. Quantify the impact — Which items would be superseded? What’s the value of those items?
5. Negotiate strategically — Supersession arguments often lead to commercial settlement, with the landlord accepting reduced figures rather than fighting.
6. Be realistic — Supersession requires evidence. Speculation that the landlord “might” redevelop isn’t enough.
Key Takeaways
- Supersession eliminates liability for items the landlord’s works would remove anyway
- You must prove it — the burden is on you to evidence the landlord’s intentions
- It can be partial or total — from specific items to the vast majority of the claim
- Investigate proactively — planning applications, marketing, market intelligence
- Works with Section 18 — these defences combine to reduce claims
- Landlords may obscure plans — but silence and evasion can be telling
Need Help?
If you suspect your landlord’s plans might trigger supersession, we can help investigate and build your case. This defence can save substantial sums — but only if it’s properly evidenced and presented.
Related Services:
- Dilapidations for Tenants — Full claim defence including supersession arguments
- Dilapidations Assessments — Understanding exposure before the claim arrives
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