Dilapidations Services

Strategic legal advice to help landlords and tenants manage repairing obligations, minimise financial exposure and resolve dilapidations claims effectively.

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Dilapidations claims arise when a commercial tenant is alleged to have breached obligations relating to the repair, decoration, maintenance or reinstatement of leased premises. Claims most commonly arise at the end of a lease, although repairing obligations can also become an issue during the lease term.

DTM Legal advises commercial landlords, tenants, property owners, investors and businesses on the preparation, defence and resolution of dilapidations claims. We help clients understand the lease obligations, assess the legal and financial risks and develop a strategy that reflects their wider plans for the property.

Our Property Litigation solicitors provide advice from the initial review of the lease through to negotiation, mediation or court proceedings. We can also coordinate the legal strategy with building surveyors, valuation experts and other property professionals where technical evidence is required.

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Dilapidations Legal Services

We provide practical advice and support across a wide range of dilapidations matters, including:

  • Reviewing repairing, decorating and reinstatement obligations
  • Advising on the effect of schedules of condition
  • Pre-lease advice on potential repairing liabilities
  • Advising landlords and tenants during the lease term
  • Interim schedules of dilapidations
  • Terminal dilapidations claims
  • Reviewing and advising on schedules of dilapidations
  • Preparing and responding to quantified demands
  • Advising on Scott Schedules and responses
  • Assessing whether claimed works fall within the lease obligations
  • Claims involving alterations and reinstatement
  • Advising on yielding-up obligations
  • Dilapidations and compliance with break conditions
  • Assessing the landlord’s intentions for the property
  • Advising on works that may be superseded by redevelopment
  • Section 18(1) diminution valuation issues
  • Claims for associated losses and professional fees
  • Negotiating financial settlements
  • Mediation and alternative dispute resolution
  • Dilapidations court proceedings
  • Advice connected with lease renewals, termination and property transactions

Why Instruct DTM Legal?

Dilapidations disputes involve more than identifying defects within a property. The wording of the lease, the condition of the premises at the start and end of the tenancy, the landlord’s future intentions and the legal limits placed on damages can all affect the value of a claim.

Our Property Litigation team provides practical and commercially focused advice to landlords and tenants. We work alongside surveyors and valuation experts where required, ensuring that the legal arguments, technical evidence and proposed works are considered together.

We aim to identify the key issues early and pursue a proportionate resolution. This may involve challenging individual items within a schedule, negotiating a financial settlement, arranging mediation or commencing court proceedings where an agreement cannot be reached.

We provide:

  • Clear advice on lease repairing and reinstatement obligations
  • Strategic support for commercial landlords and tenants
  • Early assessment of potential liability and recoverable loss
  • Coordination with surveyors and valuation experts
  • Practical negotiation and settlement support
  • Advice on the Dilapidations Protocol
  • Robust representation where litigation becomes necessary

Get in Touch

Whether you are a landlord preparing a dilapidations claim or a tenant seeking to understand and limit your potential liability, our Property Litigation team can provide clear and commercially focused advice.

To discuss your requirements, contact:

Anna Duffy, Head of Property
Telephone: 0151 230 1219 / 07973 529844
Email: anna.duffy@dtmlegal.com

James Holton, Senior Associate – Property Litigation
Telephone: 01244 354824 / 07595 280723
Email: james.holton@dtmlegal.com

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Key Considerations in a Dilapidations Claim

Reviewing the lease, evidence and future plans for the property at an early stage can help landlords and tenants assess the strength and likely value of a claim. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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Property Litigation Team

Anna Duffy

Head of Property
James Holton

Senior Associate, Property Litigation
Sophie Greensill

Associate, Property Litigation
Juliet Mistry

Solicitor, Commercial Property
Megan Duffy

Trainee Solicitor, Residential Property

Frequently Asked Questions

Commonly asked questions about commercial property dilapidations.

A schedule of dilapidations is a document that identifies alleged breaches of the tenant’s obligations, the remedial works the landlord considers necessary and, where relevant, the estimated cost of those works.

The schedule will usually be prepared by the landlord’s building surveyor. The tenant and its advisers can review and respond to each item, explaining whether the alleged breach and proposed remedial work are accepted or disputed.

A landlord may serve a schedule before the tenancy ends, although it should confirm or update the position following termination.

Where the schedule is sent after the tenancy has ended, the Dilapidations Protocol states that it should be provided within a reasonable period, which will generally be within 56 days of termination. The quantified demand should usually be provided within the same timeframe.

Not necessarily. The landlord must establish that the works arise from breaches of the tenant’s lease obligations and that the amount claimed reflects the landlord’s actual loss.

Section 18(1) of the Landlord and Tenant Act 1927 may limit damages for disrepair to the reduction in the value of the landlord’s interest. The claim may also be reduced where the works would be superseded by the landlord’s plans to refurbish, alter or redevelop the premises.

A tenant should review the repairing and reinstatement obligations before signing the lease and consider obtaining a detailed photographic schedule of condition. During the tenancy, maintenance records and evidence of completed works should be retained.

As the lease approaches its end, the tenant should obtain legal and surveying advice in sufficient time to assess the premises and consider whether completing works before expiry would be more cost-effective than facing a financial claim. Once the lease has ended, the tenant will not usually have a right to return and carry out repairs without the landlord’s agreement.

Yes. Dilapidations claims are frequently resolved through negotiations between the parties and their professional advisers. Mediation may also help the parties reach a commercial settlement where particular works, valuations or legal obligations remain disputed.

The Dilapidations Protocol requires the parties to consider alternative dispute resolution and encourages them to narrow the issues before court proceedings are started. Litigation should generally be treated as a last resort.

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Tom Evans provided an excellent service regarding my recent Voluntary Redundancy. Tom was friendly, knowledgeable and helpful in supporting the processing of the legal documentation around redundancy. Tom was very timely and managed our sessions well to ensure we didn’t overrun. I would highly recommend Tom and use him again if I needed legal support.
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