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When signing a commercial lease on a property, landlords and tenants must understand their repair responsibilities. Dilapidation disputes can be costly and time-consuming, especially if they end up in court.
If you’re bringing or defending a claim regarding disrepair to premises, our experienced team can help.
What are commercial dilapidation claims?
A commercial dilapidation claim is when a landlord takes action against a tenant for not leaving a rented property in the agreed-upon condition. This usually relates to repair, maintenance or decorating.
For example, a tenant left the premises damaged, when their lease stated they’d leave it clean and tidy.
Claims are often made under the Landlord and Tenant Act 1927. They may include not only the cost of repairs, but also the rent lost while work is being done, and any legal costs from enforcing the claim.
Dilapidation Claims by Landlords
If you’re a landlord, we can help you hire a surveyor and create a report called a ‘schedule of dilapidations’. This will list any damage, disrepair, or breaches of the lease agreed with the tenant.
The schedule may also include photos of the property, the original brochure or specifications.
There are usually two types of dilapidation claims:
- Interim schedules and repair notices – Drafted and served after an inspection of the premises during the term of the lease, if the property is already in disrepair. If a tenant fails to act within a set time, the landlord may re-enter the premises, carry out the works and invoice the tenant.
- Terminal schedules and repair notices – Drafted after the lease has expired or earlier, where a tenant has already vacated the premises. Once the lease has expired, the tenant can’t go back inside to do the work, so the landlord may claim money instead to cover the repair costs.
Based on the schedule of dilapidations, we can help you prepare and send notices to the tenant.
Dilapidation Defence for Tenants
If you’ve received a schedule of dilapidations or a notice to repair from your landlord, we can help you understand whether their claim is fair. It may be worth doing the repairs yourself or negotiating the cost.
Sometimes, landlords expect tenants to leave the property in a better state than when they moved in.
We can help you challenge unfair or unreasonable claims, especially if the landlord has plans to demolish or redevelop the property anyway. In these cases, we aim to limit the claim to actual financial losses.
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How We Handle Commercial Dilapidation Claims
At TV Edwards, we’ll help you follow the correct processes to make a claim and aim to settle your case early, before it goes to court. However, if an agreement can’t be reached, we can robustly represent you.
If you do not want to go to court, or your lease has an Alternative Dispute Resolution (ADR) clause, we can help you settle the claim fairly. We’re skilled in commercial mediation, arbitration, and negotiation, and you can help find a way forward that protects your interests and relationships between parties.
Why Choose TV Edwards?
- Highly ranked in legal directories – Recognised by Legal 500 and Chambers UK
- Proven success – A track record of securing favourable outcomes and wins in the High Court
- Cost-effective solutions – We prioritise fair, practical resolutions to keep costs manageable
- Specialist expertise – Our lawyers have direct experience of the Landlord and Tenant Act
Client-first approach – Clear, honest legal advice from start to finish, tailored to your case
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Commercial Dilapidation Claims Frequently Asked Questions
What is the dilapidations protocol for commercial property?
The dilapidations protocol for commercial property is a process landlords and tenants must follow before they go to court over the dispute. It often involves the landlord serving a schedule of dilapidations (a list of what’s wrong), giving the tenant a chance to put it right, and encouraging clear communication.
What is a Section 147 notice for dilapidations?
A Section 147 notice is a formal notice, served by landlords to tenants when decorative repairs haven’t been carried out to the standard agreed in their lease. It will outline what’s needed and the associated costs, alongside a timeframe for work to be done. However, the tenant can challenge the notice.
What is the time limit for dilapidations claims?
Usually, a landlord must bring a dilapidations claim within 6 years of the end of the lease (or 12 if the lease is also a deed). Once the tenant has been served the notice, they typically have 56 days to respond to the schedule of dilapidations. However, this may be longer if the work is extensive or complicated.
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