What Is ‘Dilapidations’

The term ‘dilapidations’ refers to the condition of a tenanted property, both during its occupancy and at the end of the lease.

The lease agreement will outline a tenant’s obligation for repairing, reinstating and decorating the property, in addition to complying with relevant statute and any other express obligations which have been agreed upon.

Failure to comply with such obligations will give rise to a dilapidations claim.

Why Appoint a Dilapidations Surveyor?

As the process of dilapidations is a legal procedure based on breaches of obligations within a lease, dilapidation claims are often complex and can be costly if handled improperly.

Whether you are a landlord or tenant, it is important that you have professional representation to pursue or defend a claim.

How We Assist Landlords

As a surveyor acting on behalf of a landlord, we will provide options throughout the lease term to ensure that the tenanted premises are maintained and returned to the expected standard, or if that is not possible, the landlord is properly compensated.

Options may include:

• Preparing favourable lease terms to ensure the value of the premises is maintained and the tenant’s obligations are clearly established before the start of the lease.
• Preparing and agreeing to planned maintenance agreements, before the start of the lease, to ensure that the premises are proactively maintained and ready for occupation at the end of the lease. 
• Surveying the property and preparing an interim schedule of dilapidations during the lease to ensure that the tenant is complying with their lease obligations and keeping the property in repair.
• Surveying the property and preparing a terminal/final schedule of dilapidations at the end of the lease, to ensure that all losses to the landlord, as a result of the breaches of lease obligations are satisfied or compensated for.
• Assisting with the procurement and implementation of works at the end of the lease.

How We Assist Tenants

As a surveyor acting on behalf of a tenant, we will provide options to limit dilapidations claims throughout the lease term.

Options may include:

• Surveying the property and preparing a schedule of condition before the start of the lease to record the condition of the premises, identify the risks involved and the likely possibility of future dilapidations claims. Once the risks are identified, lease terms can be negotiated to minimise the risks.   
• Surveying the property and providing a dilapidations assessment during the lease term to indicate the likely lease end dilapidations costs. This will enable the tenant to plan ahead.
• Providing advice on actioning break clauses and making alterations to the premises during the lease term.
• Assisting with the procurement and implementation of works during and at the end of the lease.
• Upon receipt of a dilapidations claims, assisting with reducing the claim by deciphering the terms of the lease, confirming the validity of notices served, gaining an understanding of the landlord’s intentions for the premises and verifying costs

For more details about how we can help, contact our Building Consultancy team.