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Do Dilapidations Relate to A Defective Property?

From the public’s perception, Dilapidations are sometimes mistakenly referred to a property that is in poor condition. Terms like “the property is dilapidated” or “I’m buying a dilapidated property” are common. Unfortunately, a property in poor condition cannot be referred to as dilapidated and is a misconception.

Amongst property professionals, we use Dilapidations to refer to an area of law relating to property leases. This area of law is complex and requires those with the required skills to navigate this process to minimise risk to the Landlord and the Tenant.

In layman terms, Dilapidations is a process by which the Landlord exercises his/her rights to ensure that at the end of the lease between a Landlord and a Tenant, that the property is reinstated back to its original condition as it was at start of the lease.

It is important to note that before you progress with leasing of a commercial property, you seek legal advice from a suitable Chartered Building Surveyor and a suitable legal advisor, who will advise of the process and the risks involved. Please get in touch with us at Dunham Hale Surveyors and we would be happy to help.

As a prospective Tenant, we advise you read our section on Schedules of Condition HERE

Can I force the Tenant to Repair the Property?

The simple answer to this question is yes. However, to be able to action this, a process needs to be followed. By instructing a Chartered Building Surveyor to compile a Schedule of Dilapidations, you can document all the repairs needed and action this as part of a claim.

It should be noted though, that if the Tenant commissioned a Schedule of Condition, undertaken at the start of the lease, then the Schedule of Dilapidations will be compiled in reference to the Schedule of Condition at the start of the lease. In other words, not all repairs may be able to be claimed, depending on what was recorded under the Schedule of Condition.

At Dunham Hale Surveyors, we are experienced in Dilapidations and can advise on all aspects pertaining to this complex area. If you would like anymore information, please GET IN TOUCH with us.


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