Tenant Dilapidations Claim

We provide commercial tenants throughout the United Kingdom with strategic and practical dilapidations advice. If you are approaching the end of your commercial lease or have been served with a terminal dilapidations claim by your landlord, our specialist team can guide you through your rights, control your risks, and negotiate an equitable and commercially acceptable solution, including seeking professional advice where necessary.

Whether you occupy a single retail unit, a warehouse, or a portfolio of offices, lease-end obligations can be complex and costly if not carefully managed. Our tenant-focused dilapidations service gives you clear, independent advice and hands-on support from experienced surveyors who understand both the technical detail and the commercial realities, including repairing obligations under your lease agreement.

We take you through each stage of the process, from auditing your lease and determining liability through to negotiation with your landlord and management of remedial works as required.

Tom Hargreaves
Director

Paul Cartwright
Associate Director

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Reducing Risk & Financial Exposure

For tenants, the most common concern at lease-end is the size of the dilapidations claim. In many cases, landlords will issue a claim that is inflated, including items that are not valid under the lease, or fail to take into account your proposed use or the future intentions for the property.

Our task is to scrutinise each aspect of the claim and give you a rational, evidence-driven answer. We start by reading your lease and all the supporting documentation, such as licences to vary, side letters, schedules of condition and reinstatement provisions. We then visit the property to establish the true extent of disrepair, works undertaken and decorative requirements.

We contrast the complaint of the landlord with our observations and prepare a tenant's response objecting to any falsehoods or exorbitant charges. We aim to minimise your liability to a justifiable and reasonable amount, in accordance with standards of law and substantiated by technical facts, including formal diminution valuation where applicable.

By taking early action with us, tenants usually minimise their probable exposure considerably and prevent protracted disputes or unwarranted works.

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Pre-Lease-End Advice & Planning

The ideal time to deal with dilapidations is not at lease-exchange, but earlier. Getting to us early means you can consider a variety of options that can make the process less complex and less expensive.

Our early advice service includes

Lease interpretation and strategic planning
Identification of key obligations, such as reinstatement or decoration
Condition surveys to assess current compliance
Budget forecasting for actual or expected expenditure
Recommendations for preventative maintenance or minor repairs
Advice on tenant works required before handback

Where suitable, we can also assist you in negotiating a cash settlement instead of works being carried out by you. This course of action can minimise disruption and provide both sides with certainty at lease end, avoiding lengthy alternative dispute resolution or property litigation lawyers.

Our early intervention guarantees that you are well-advised, well-prepared and in control of the outcome.

Responding to a Schedule of Dilapidations

If your landlord has served a terminal schedule of dilapidations, you ought to respond accordingly and pursuant to the terms of the Dilapidations Protocol. Otherwise, your position will be prejudiced, and this will result in unnecessary legal expense.

We take you through the entire schedule, mark the validity of every item and prepare a formal response in your name. This may comprise of:

Challenging incorrect or excessive claims
Rebutting claims for items already compliant with lease covenants
Demonstrating where works are not legally required or commercially necessary
Identifying works that the landlord intends to supersede through refurbishment or redevelopment, protecting the landlord's reversionary interest
Referring to any schedules of condition or licences to alter
Preparing a reasoned Scott Schedule with alternative costs and commentary

Where a Section 18 valuation is relevant, we will work with your appointed valuer to ensure that the financial cap on your liability is properly applied. This is especially important where the landlord’s proposed use or works will render your repairs unnecessary or redundant.

We handle all technical negotiations with the landlord’s surveyor and seek to reach an agreed position through constructive dialogue. Where agreement cannot be reached, we can support your solicitor or legal team with technical evidence and formal documentation.

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Managing Reinstatement & Repair Works

Should you be obligated or opt to undertake works prior to the end of the lease, we can action this on your behalf. Our building surveyors and project managers will define work needed, prepare specifications, get competitive tenders and oversee the programme to make sure that your lease commitments are met.

This enables you to manage the cost and timing of the works, as opposed to depending on a financial settlement or disputing quality after lease-end. We guarantee that the works are completed to a level that meets your requirements without over-allocation of resources or undertaking work that is unnecessary.

This service is particularly useful for tenants who wish to vacate the premises cleanly, avoid legal disputes and meet handback requirements with certainty.

Section 18: Valuations & Legal Coordination

A critical element of any tenant’s defence to a dilapidations claim is the Section 18 valuation, which limits liability to the impact of the alleged breaches of disrepair on the property’s freehold value.

We work closely with valuation surveyors and legal teams to ensure that Section 18 is properly considered and applied. This can be especially powerful where the landlord is planning major refurbishment or redevelopment that would override the tenant’s repairs.

Our technical reports, photographic evidence and cost analyses are prepared to support legal arguments and ensure that your defence is based on solid and defensible reasoning. If the matter proceeds to mediation or court, we can act as expert witnesses or provide documentation suitable for disclosure and proceedings.

Tenants in Ongoing Leases

Dilapidations are not only a concern at lease-end. Tenants in long leases or break options can face issues relating to interim repairs, statutory compliance and landlord notices.

We assist tenants during the lease term by

Conducting interim condition surveys
Advising on compliance with repair and maintenance obligations
Responding to landlord notices or schedules of interim dilapidations
Supporting negotiations for lease renewal, surrender or regear
Minimising exposure to claims by implementing planned maintenance strategies

This approach ensures that you stay in control of your obligations and reduces the likelihood of costly disputes at the end of the lease.

Tenant Dilapidations Claim FAQS

A dilapidations claim is a schedule issued by the landlord identifying breaches of the lease by the tenant, usually related to repair, reinstatement or decoration. It matters because it can lead to a financial claim at the end of the lease, which, if not managed properly, can be costly and disruptive.
Not necessarily. You may have the option to agree on a financial settlement with the landlord in lieu of carrying out the works. Alternatively, you may decide to complete some or all of the work yourself. We advise you on the most cost-effective and commercially suitable approach for your specific circumstances.
No. The law prevents landlords from recovering costs for repairs that will be rendered unnecessary by redevelopment or major improvements. A Section 18 valuation helps to limit your liability to the actual loss in value caused by the disrepair. We ensure that this is correctly assessed and applied where relevant.
Early planning is key. By engaging a dilapidations specialist well before lease-end, you can review your obligations, identify areas of concern, plan remedial works and enter negotiations from a well-informed position. This often leads to reduced claims and faster resolution.
Ignoring a claim can lead to legal proceedings and increased costs. It is important to respond in line with the Dilapidations Protocol and present your position clearly and professionally. We handle this process for you to ensure compliance and protect your commercial interests.
Yes. We regularly represent tenants opposite the landlord’s appointed surveyor. Our role is to provide you with independent advice, robust technical analysis and clear negotiation support. We ensure that your interests are fairly represented throughout the process.