What Is Supersession in Dilapidations?
Why you do not pay for repairs the landlord intends to destroy anyway.
Supersession in dilapidations is the legal principle that a landlord cannot claim the cost of works that would immediately be undone by their own redevelopment or refurbishment plans, because the alleged disrepair causes no actual loss.
How Does Supersession Work?
Supersession works by wiping specific items off the dilapidations schedule if the landlord's future plans for the building render those repairs obsolete.
For example, if your lease requires you to replace worn carpet tiles, but the landlord plans to install a brand new raised access floor the week after you leave, the carpet repair is superseded. The landlord suffers no loss from the worn carpets.
Is Supersession Different from Section 18?
Supersession is a common-law principle concerning the landlord's actual loss, while a Section 18 valuation is a statutory cap based on the property's market value.
However, they are frequently used together. Section 18 explicitly states that damages cannot be recovered if the building is to be pulled down or structurally altered, which codifies supersession into statute for repair covenants.
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Get a fixed price for the works. We price line by line against your schedule.
Who Proves Supersession?
The burden of proof lies with the tenant's surveyor, who must demonstrate that the landlord has firm intentions to upgrade, redevelop, or demolish the property.
If the landlord successfully argues they only plan to relet the property in its existing configuration, supersession will not apply to standard repairs.
Can Supersession Apply to Reinstatement?
Yes, supersession frequently applies to reinstatement. If you installed partition walls and the next incoming tenant wants to keep them, the landlord cannot claim the cost of removing them.
This requires careful negotiation. If your surveyor successfully argues supersession, you can strike those items from your required dilapidations works programme.
Frequently Asked Questions
How do I prove the landlord intends to redevelop?
Your surveyor will check planning portals, review marketing materials, and ask the landlord's surveyor to formally declare their client's intentions for the building.
Does supersession apply to cleaning?
Yes, if the landlord intends to gut the interior, claiming for deep cleaning the carpets before they are thrown in a skip would be superseded.
Can a landlord change their mind to avoid supersession?
A landlord's intentions are assessed at the date the lease ends. If they had clear plans to redevelop at that date, supersession applies, even if they later abandon the project.
Been served a schedule?
Get a fixed price for the works. We price line by line against your schedule.
Once your surveyor has negotiated the superseded items off the schedule, you will be left with the genuine repairs you must execute. We carry out fixed-price dilapidations works for the remaining scope, allowing you to settle the liability completely.