What it is
Dilapidations are the condition of a commercial property compared with the tenant's obligations under the lease, such as repair, decoration and reinstating alterations. Where the property is not in the condition the lease requires, the landlord may claim for the breach.
RICS publishes a professional standard, Dilapidations in England and Wales (7th edition), which guides surveyors when producing schedules of dilapidations, quantified demands, responses, Scott Schedules and diminution valuations.
When you need one
- You are a tenant approaching the end of a lease, or considering a break clause, and want to know your exposure.
- You are a landlord whose tenant is leaving and you need a schedule and costed claim.
- You have received a schedule or quantified demand and want an independent view.
- You want an interim schedule during the term to plan repairs.
- A negotiation or dispute needs a properly reasoned technical position.
What the surveyor does
The surveyor reads the lease first, because the obligations in the lease define what can be claimed. They then inspect the property and prepare a schedule that links each alleged breach to the relevant lease clause, with the works needed to put it right.
For terminal claims in England and Wales, the Ministry of Justice Dilapidations Protocol sets out the expected steps: a schedule, a quantified demand and a response, with a surveyor's endorsement and consideration of alternative dispute resolution. RICS guidance for the public describes a quantified demand within 56 days of the end of the lease, and a response within 56 days of receiving the documents.
The surveyor will also consider legal limits on a claim. Section 18(1) of the Landlord and Tenant Act 1927 caps damages for breach of a repairing covenant at the amount by which the value of the landlord's reversion is reduced. Legal questions such as this should be confirmed with your solicitor.
What you receive
- A schedule of dilapidations that references the lease clauses and the works needed, or a reasoned response to one you have received.
- A costed assessment where agreed, with clear assumptions.
- Advice on settlement and on the points most likely to be contested.
- Support through negotiation, including meeting the other party's surveyor where instructed.
Typical process
- Send us the lease and any schedule, demand or correspondence.
- The surveyor inspects the property and reviews the documents.
- Your schedule or response is prepared and discussed with you.
- The matter is negotiated towards settlement, with formal dispute steps only if needed.
Frequently asked questions
Does the Dilapidations Protocol apply to every lease?
It applies to claims for damages against tenants at the end of a tenancy of commercial property in England and Wales. RICS notes it is also likely to be regarded as good practice in other disputes.
Do I have to put the property right myself?
Not necessarily. Many claims settle for a payment rather than works, and the amount depends on the lease, the property and the landlord's intentions.
Can I get a view before the lease ends?
Yes. An early assessment helps tenants plan, and can show whether to carry out works, negotiate or exercise a break clause.
Is this legal advice?
No. The surveyor gives technical and professional advice. Interpreting the lease in law is for your solicitor.
Sources and further reading
- RICS: Dilapidations in England and Wales, 7th edition (professional standard)
- RICS: Dilapidations in England and Wales (consumer guide)
- Ministry of Justice: Dilapidations Protocol
- legislation.gov.uk: Landlord and Tenant Act 1927, section 18