Dilapidations case law
Dilapidations case law
The term ‘dilapidations’ is used to refer to some deteriorated state of a property.
In the context of landlord and tenant relationships, the term ‘dilapidations’ is more specifically used in one of the following situations:
- a claim by a landlord against the tenant relating to some deteriorated state of the demised premises, either during the lease or at the end of the lease; or
- a claim by a tenant against a landlord relating to some deteriorated state of the demised premises during the lease (or possibly in conjunction with a service charge dispute).
The law of dilapidations is, therefore, part of the law arising out of a landlord and tenant relationship.
This section considers the law of dilapidations in that context and with regard to the different types of claim listed above. The most common is a terminal dilapidations claim (i.e. a claim by a landlord against the tenant for damages at the end of the lease).
Whatever type of dilapidations claim, consider the following:
- identify the parties to the dispute and an claim;
- identify the relevant obligations (i.e. the relevant provisions of the tenancy and other relevant documents as well as obligations arising under the general law);
- understand and consider the types of obligations encountered in dilapidations claims;
- whether the relevant obligations or claims are limited in any way;
- whether the relevant obligations have been broken in the cases in hand;
- what work is required to remedy the breaches;
- what remedies may be available at law in respect of the breaches; and
- procedure and costs.
This section is maintained by Brian Kilcoyne.
RICS standards and guidance
- RICS property measurement
- UK commercial real estate agency
- New rules of measurement
- QS and construction standards
- Residential property standards
- Valuation standards
- List of RICS standards and guidance
- RICS standards and guidance archive
- Identifying the parties to the dispute and any claim
- Identifying the relevant obligations
- Types of obligations
- Limitations on dilapidations obligations and claims
- Have obligations been broken?
- Remedying breaches
- Landlords’ claim at the end of the term
- Break clauses
- Procedure/Dilapidations Protocol