Expert Solicitors for Dilapidations Disputes

A schedule of dilapidations is a detailed document served by a landlord listing the alleged breaches of a tenant's repair, decoration, and reinstatement obligations under the lease. It sets out the works the landlord claims the tenant should have carried out and often includes the cost of those works. Our dilapidations disputes solicitors advise tenants on responding to schedules and landlords on serving them correctly.

Yes, you can challenge a dilapidations claim on several grounds. Our dilapidations solicitors advise tenants on challenging the validity of items claimed, disputing the cost of works, arguing the diminishing flow deduction, and raising defences such as the landlord's failure to mitigate losses or the tenant's reasonable use of the property.

The Pre-Action Protocol for Claims for Damages in relation to the Physical State of Commercial Property (Dilapidations Protocol) sets out the procedural steps parties should follow before commencing court proceedings. It encourages early exchange of information, negotiation, and settlement. Courts expect compliance and may impose cost penalties for non-compliance. Our solicitors ensure clients follow the protocol correctly.

The damages award considers the cost of works to remedy the disrepair, less a deduction for depreciation (the diminishing flow deduction) because the landlord will benefit from a modernised property. Our dilapidations disputes solicitors instruct surveyors to assess the appropriate deduction and challenge inflated valuations.

Failure to respond to a schedule of dilapidations does not mean you admit the claim, but it may result in the landlord commencing court proceedings without further notice. Our solicitors advise tenants to respond promptly, either accepting liability and negotiating a settlement or disputing the claim with evidence. Early engagement often leads to better outcomes.

Yes, a landlord can pursue a former tenant for dilapidations after the lease has ended. However, there are time limits and landlords should mitigate their losses. Our commercial lease disputes solicitors advise both landlords on pursuing claims and former tenants on defending claims made after vacating.

The limitation period for dilapidations claims is typically six years from the date the cause of action arose, which is usually the date the lease ended. However, if the breach continues after the lease ends, the limitation period may be extended. Our solicitors advise on limitation issues and ensure claims are brought within the correct time limits.

Costs depend on complexity and whether the matter settles or proceeds to court. We offer transparent, fixed-fee quotes where possible and hourly rates for ongoing matters. For details on our legal fees, please contact our team. Early legal advice often prevents escalation and reduces overall costs.