What is a dilapidations claim?
When your lease ends, your landlord can claim compensation for breaches of your repair, maintenance, decoration, and reinstatement obligations. This claim arrives as a Schedule of Dilapidations — a formal document listing alleged breaches, the works required to remedy them, and associated costs.
The schedule is the landlord’s opening position. It’s prepared by their surveyor, reflects their view of your obligations, and is almost always higher than what you’ll actually pay. Your job is to respond properly, challenge what’s wrong, and negotiate a fair settlement. If a schedule has already landed, send it to us before you respond — the first moves set the tone of the negotiation.
Why claims are often inflated
Landlords’ schedules typically include:
Items that aren’t your responsibility
The lease defines your obligations. Not everything wrong with a building is the tenant’s problem. Items may fall outside your demise, predate your occupation, or simply not be covered by your covenants.
Pre-existing condition ignored
If a Schedule of Condition was prepared at lease start, your obligation is to return the property in no worse condition than documented. Items shown in the schedule can’t be claimed against you.
Inflated costs
Costs are often at the high end of reasonable, or beyond. Specifications may be excessive. Quantities may be overstated.
Betterment
Landlords can claim for repair, not improvement. If the claimed works would leave the property better than required, that element isn’t recoverable.
Works the landlord won’t do
If the landlord is planning to demolish, redevelop, or substantially refurbish, they can’t claim for works they were never going to carry out. This is supersession.
Exceeding diminution
Section 18 of the Landlord and Tenant Act 1927 caps claims at the reduction in property value caused by the breaches. If repair costs exceed this diminution, the lower figure applies.
Your landlord’s surveyor knows all this. Your defence depends on identifying and arguing these points effectively — which is exactly what we do.
What we do
- 01
Review the claim
We analyse the Schedule of Dilapidations against your lease. Item by item, we assess:
- Is this actually a breach of your obligations?
- Is the item covered by a Schedule of Condition?
- Is the cost reasonable?
- Is the specification appropriate?
- Are there defence arguments?
- 02
Review the lease
Your obligations come from the lease. We examine exactly what you covenanted to do — and didn’t covenant to do. Landlords sometimes claim for items beyond the tenant’s actual obligations.
- 03
Inspect the property
Where possible, we inspect the property to verify the claimed items and assess their validity. The landlord’s schedule may overstate defects or misrepresent condition.
- 04
Review the Schedule of Condition
If a Schedule of Condition was prepared at lease start, we compare it to the claimed items. Pre-existing defects documented in the schedule aren’t your liability.
- 05
Prepare your response
We prepare a formal response — typically a Scott Schedule format showing your position against each item:
- Items accepted
- Items rejected (with reasons)
- Items where costs are challenged
- Defence arguments
This becomes your negotiating document.
- 06
Negotiate
We handle negotiations with your landlord’s surveyor, working through the claim toward an agreed settlement. Most dilapidations matters settle through surveyor-to-surveyor negotiation without court involvement.
- 07
Settlement
We work toward the best achievable outcome — which is usually significantly below the initial claim. When agreement is reached, we ensure settlement is properly documented.
Your key defences
Schedule of Condition
If a properly prepared Schedule of Condition was annexed to your lease, it limits your repair obligations. You only need to return the property in no worse condition than documented at lease start. Pre-existing defects shown in the schedule aren’t your liability.
The Schedule of Condition is often a tenant’s strongest defence. If you have one, we’ll use it.
Section 18 (Diminution)
Your landlord can’t recover more than the reduction in property value caused by your breaches. If repair costs are £200,000 but the property’s value is only diminished by £80,000, the claim is capped at £80,000.
This defence is particularly relevant when:
- The property is being sold regardless of condition
- Repair costs are high relative to property value
- The landlord is planning changes that affect value anyway
We can arrange diminution valuations where this defence applies.
Supersession
If your landlord is going to demolish, redevelop, or substantially refurbish the property, they can’t claim for works they were never going to do. Why should you pay for repairs that will be ripped out?
Supersession can reduce or eliminate claims entirely. We investigate your landlord’s plans and argue supersession where appropriate.
Fair wear and tear
Some leases except “fair wear and tear” from the tenant’s obligations. If yours does, normal deterioration from ordinary use isn’t your liability.
Betterment
You’re obliged to repair, not improve. If the claimed works would leave elements in better condition than required — new for old, upgraded specifications — the betterment element isn’t recoverable.
Lease interpretation
What exactly does your lease require? Repairing covenants vary in scope. “Keep in repair” differs from “put and keep in repair.” “Good and substantial repair” differs from “reasonable repair.” We analyse the wording to understand your actual obligations.
What you get
- Claim review — Detailed analysis of the schedule against your lease
- Defence identification — All applicable arguments marshalled
- Response preparation — Formal Scott Schedule response
- Negotiation — We handle discussions with the landlord’s surveyor
- Settlement support — Through to documented resolution
- Cost savings — Settlements typically well below initial claims
Typical outcomes
Every case is different, but tenants with professional representation consistently achieve better outcomes than those who don’t. Landlords’ opening claims are designed to be negotiated down. The question is how far.
Factors affecting settlement include:
- Strength of your defences (Schedule of Condition, supersession, Section 18)
- Quality of the landlord’s schedule
- Reasonableness of costs claimed
- Commercial circumstances of both parties
- Quality of negotiation
We can’t guarantee specific outcomes, but we can ensure your position is properly argued and you don’t pay more than you should.
The Dilapidations Protocol
Dilapidations claims follow the RICS Dilapidations Protocol. This sets out:
- How claims should be prepared and served
- Timeframes for responses (56 days to respond to a schedule)
- Information that should be provided
- The negotiation process
- Alternative dispute resolution before court
We ensure your response complies with the Protocol while protecting your position.
When to instruct us
Immediately on receiving a claim
Before responding yourself
Even if you think the claim is fair
Related services
Before the claim arrives:
- Dilapidations Assessments — Know what’s coming and budget appropriately
At lease start:
- Schedules of Condition for Tenants — The protection that limits your exposure
Mid-lease issues:
- Interim Schedules for Tenants — If your landlord serves a schedule during the lease
- Repairs Notices for Tenants — Responding to Section 146 notices
If you’re doing works:
- Contract Administration — Managing remediation works
FAQs
How much can I reduce the claim by?
It depends on your defences and the quality of the landlord’s schedule. Reductions of 30-50% are common; greater reductions are possible where strong defences apply (Schedule of Condition, supersession, Section 18). We can advise on likely outcomes once we’ve reviewed your specific case.
Should I do the works myself instead of paying?
Sometimes. If you can do works more cheaply than the claimed costs, it may make sense. But consider: you’ve left the property, access may be difficult, and doing works doesn’t necessarily end the dispute. We can advise on whether this makes sense in your situation.
What if I can’t afford to pay?
The claim still exists. Ignoring it doesn’t make it go away — it typically makes things worse. Even if you can’t pay the full amount, you need to engage properly. Settlement payment terms can sometimes be negotiated.
What if the landlord won’t negotiate?
Most landlords negotiate because it’s in everyone’s interest to settle. If negotiations fail, options include mediation, expert determination, or court. These routes involve more cost and risk for both sides, which usually motivates settlement.
How long does this take?
From receiving a claim to settlement, typically 3-6 months for straightforward matters. Complex claims or disputes can take longer.
What are your fees?
We typically work on a fixed fee or capped fee basis for dilapidations defence. We’ll quote after understanding your situation. Our fees are usually recovered many times over through claim reductions.