Dilapidations FAQs

A schedule of dilapidations is a report documenting damages to a property and costs of repair works required to restore the property to the condition it was in at the start of the lease. Typically presented by the landlord to the tenant towards the end of the lease term, it can sometimes come as an unexpected surprise.

A schedule of dilapidations can be served either during the lease term (Interim Schedule of Dilapidation) towards the end of the lease term (Terminal Schedule of Dilapidation) or even shortly after the lease ends.

Usually, a dilapidations claim is brought towards the end of the lease.

A Schedule of Dilapidations can also be brought during the continuation of the lease. This is known as an interim Schedule of Dilapidations. This is however a more complicated process as there are statutory requirements which govern the process.

Landlords and tenants are expected to follow Dilapidations Protocol, a set of Civil Court Rules that govern the conduct of terminal dilapidations claims. A failure to comply may result in costs sanctions against the non-compliant party.

Whoever instructs the surveyor to draw up the dilapidations report is responsible for the payment.

The cost depends on the whether you are the landlord or tenant, the property’s size, type, and the complexity of the lease arrangements. Typically, to produce a dilapidations schedule (on behalf of a landlord) or to review and respond to a schedule (on behalf of a tenant), the cost would start around £900+VAT, and there is typically an additional percentage cost for negotiating and settling the claim. For a free no obligation quote, please contact us on 0117 942 7876 or email your enquiry and we will get back to you.

A tenant has up to 56 days to respond to a dilapidations claim – from the date that the claim is served.

A tenant can only do repair work while their lease continues unless otherwise agreed with the landlord.

A Scott Schedule is a Schedule of Dilapidations with additional columns to enable the parties to set out their respective views. The document is usually prepared by a building surveyor.

Ideally with the last 12 months before lease expiry. Easton Bevins’ dilapidations surveyors can provide early advice to help landlords review lease obligations, assess potential liabilities and plan for re-letting or refurbishment.

Potential claims can relate to disrepair, redecoration, unauthorised alterations, reinstatement works and breaches of lease obligations, depending on the lease terms. Easton Bevins’ dilapidations specialists can help identify and quantify all relevant breaches.

Yes, serving a schedule before lease expiry can help identify issues early and encourage discussions before the tenant vacates. Easton Bevins can advise on the preparation and timing of a Schedule of Dilapidations to support this process.

The tenant may appoint their own surveyor to review the claim. Both parties’ surveyors will typically negotiate to reach a settlement without the need for litigation, and Easton Bevins regularly assists landlords throughout this process.

The claim is usually assessed by reviewing the lease, inspecting the property and calculating the reasonable cost of remedial works required to meet the tenant’s obligations. Easton Bevins’ dilapidations surveyors combine lease analysis with property inspections to assess potential claims.

Yes. A Schedule of Condition can limit a tenant’s repairing obligations and may affect the value of a dilapidations claim. Easton Bevins can review lease documentation and Schedules of Condition when assessing a claim.

Depending on the circumstances and lease terms, a landlord may be able to include other losses associated with a tenant’s breaches, subject to legal principles governing dilapidations claims. Easton Bevins can advise on the scope of a potential dilapidations claim and any recoverable losses.

If alterations were carried out without consent, or if the lease requires reinstatement at lease end, the landlord may have grounds to claim for reinstatement works. Easton Bevins’ dilapidations specialists can review alterations and any reinstatement obligations under the lease.

The timescale varies depending on the complexity of the property, the lease and the willingness of both parties to negotiate, but many claims are resolved through discussions between surveyors, with Easton Bevins supporting landlords throughout the process.

Early preparation, a thorough lease review and a professionally prepared Schedule of Dilapidations can help ensure all relevant breaches are identified and properly evidenced. Easton Bevins’ dilapidations surveyors can help landlords build a well-supported claim.

Don’t panic or ignore it. Easton Bevins’ dilapidations specialists can assess the claim, review your repair obligations and identify potential areas of challenge, helping you understand your position and plan your next steps.

Yes. Easton Bevins’ dilapidations specialists can review the claim against your lease obligations, assess the proposed works and costs, and identify items that may fall outside your responsibilities or be open to challenge.

Costs depend on the property’s condition, your lease obligations and the repairs required. Easton Bevins’ dilapidations specialists can help you understand your potential liability, identify areas to challenge and manage your exposure to costs.

Under the Dilapidations Protocol, tenants are generally expected to respond within 56 days of receiving the landlord’s claim. Easton Bevins’ dilapidations specialists can help you assess the claim and understand your options within the relevant timeframe.

In some circumstances, yes. Carrying out works before lease expiry may reduce the overall cost of a claim, although this should be carefully considered with advice from Easton Bevins’ dilapidations specialists.

A Scott Schedule allows both parties to record their positions against each item in dispute and is often used as the basis for negotiations. Easton Bevins regularly assists tenants in preparing and reviewing Scott Schedules during dilapidations negotiations.

Most disputes are resolved through negotiation between surveyors, but where agreement cannot be reached, legal proceedings may be considered. Easton Bevins’ dilapidations specialists can help tenants navigate the negotiation process and assess their options.

Generally, dilapidations claims should not leave a landlord in a better position than they would have been had the lease obligations been fulfilled. Easton Bevins can review a dilapidations claim to identify any costs that may go beyond a tenant’s responsibilities.

Yes. A Schedule of Condition can provide evidence of the property’s condition at the start of the lease and may help defend against excessive claims. Easton Bevins’ dilapidations specialists can review the document as part of a tenant’s defence strategy.

Planning ahead is often the best approach. Easton Bevins can carry out a pre-lease-end dilapidations assessment to identify potential issues early, allowing tenants to budget, carry out works where appropriate and avoid unexpected claims.