As tenants, you already pay thousands of pounds towards rent and security deposits every year, so the last thing you need is to be hit with hefty dilapidation claims at the end of your tenancy. It’s no secret that many landlords take advantage of tenants, by charging them for damages or repairs that they aren’t responsible for.
However, it doesn’t have to be this way. With the right legal support and understanding of your rights as a tenant, you can avoid having to pay for damages that weren’t caused by you.
Simply put, dilapidations refer to the condition of the property either during the lease or when it expires. If you are under a commercial lease, it will likely include repairing covenants and often also include what is known as ‘yielding up’ provisions that explain the state and condition you must leave the property in when you leave.
If you do not comply with the obligations of your tenancy to carry out repairs, then your landlord may issue a ‘Schedule of Dilapidations” which sets out a list of items of damage and repair and what the respective costs are. Due to the nature of repairing obligations under most leases, non-compliance is very likely.
The landlord may serve this schedule before the end of the lease so you can carry out the repairs. Or it may be issued after, at which point you are unable to go back and do the work yourselves. In this case, a claim for dilapidations is a claim by the landlord for damages for breach of contract.
To avoid dilapidation claims, follow our top tips:
At Simon Levy Associates, we offer help with dilapidations through
dilapidation reports and dilapidation inspections. If you feel your landlord is making unfair claims for dilapidations,
reach out to the experts at Simon Levy.