How Do Dilapidations Claims Work for Tenants?
The claims process and how doing the works yourself is usually cheaper.
A dilapidations claim is the landlord's demand for compensation for breach of lease repair covenants, usually served via a schedule near lease end. Tenants who carry out the works themselves before handing back typically spend 20 to 40% less than the figure on the schedule.
How Is a Dilapidations Claim Started?
A dilapidations claim officially begins when the landlord's surveyor serves a schedule of dilapidations and a quantified demand, which details the alleged breaches and the total financial compensation required.
This usually occurs within the final six months of the lease term. The claim sets out the landlord's opening position, triggering a formal response timeline for the tenant under the dilapidations protocol.
How Are Claims Negotiated?
Claims are negotiated by surveyors representing both sides, who use a Scott Schedule to argue the validity of each item and debate the actual cost of the required remedies.
Your surveyor will attempt to reduce the claim by arguing that some items are fair wear and tear, or by invoking supersession in dilapidations if the landlord intends to remodel the property.
Been served a schedule?
Get a fixed price for the works. We price line by line against your schedule.
When Is Doing the Works Cheaper Than Paying?
Doing the works yourself is almost always cheaper than paying the claim because landlords use premium surveyor rates, add management fees, and include contingencies in their cash demands.
By taking control of the tenant dilapidations works, you hire a contractor at competitive market rates and bypass the landlord's administrative mark-ups entirely.
Can I Force a Cash Settlement?
No, you cannot force a landlord to accept a cash settlement before the lease ends. If the landlord wants the physical works completed, they can insist you adhere to the reinstatement covenants.
Conversely, if you wait until the lease expires, you lose the right to enter the property and do the works, leaving a cash settlement negotiated by surveyors as your only option.
Frequently Asked Questions
Do I have to pay the full claim amount?
No, the initial claim is an opening position. Most claims are negotiated down significantly, or mitigated entirely by the tenant carrying out the works themselves.
What happens if I cannot afford the claim?
If you cannot afford the cash settlement, doing the works yourself is usually cheaper. If the works are also unaffordable, your surveyor will need to aggressively negotiate the claim using Section 18 limits.
Can a landlord claim for lost rent?
Yes, if the property is left in such disrepair that the landlord cannot immediately re-let it, they can claim for lost rent (mesne profits) during the time it takes them to complete the repairs.
Been served a schedule?
Get a fixed price for the works. We price line by line against your schedule.
The most effective defence against a high claim is to control the procurement. We carry out complete dilapidations works for a fixed price, allowing you to hand the property back compliant and close the claim forever.