Dilapidations surveys for landlords and tenants
Clear schedules, measured responses and a record of condition at the start of a lease, so end-of-lease repair claims are argued on evidence rather than guesswork.
A dilapidations survey compares the state of a commercial property with what the lease says the tenant must do. Resilient Consult prepares schedules of dilapidations for landlords, responds to them for tenants and records condition before a lease starts. We work across the North West from Wigan, reading the repair, decoration, reinstatement and yield-up clauses first, then inspecting against them, so every item in a schedule or response is tied to a specific obligation.
Dilapidations disputes are usually about money, and the law limits what a landlord can recover. Landlords need a schedule they can stand behind. Tenants need to know which items are genuinely owed and what they are really worth before they negotiate or start work. Either way, the earlier we are involved, the more options you have, whether that is carrying out works before the term ends or agreeing a figure without a dispute.
Ask for a proposalDilapidations survey services
Schedules of dilapidations
For landlords, a schedule setting out each breach, the clause it relates to, the remedy needed and its cost, in the format the Protocol expects.
Interim schedules
A schedule served during the lease, where the terms allow, to deal with disrepair before it gets worse or before the term ends.
Tenant responses
For tenants, an item-by-item response to a landlord’s schedule, challenging items that fall outside the lease and costs that are overstated.
Schedules of condition
A written and photographic record of the premises before a lease begins, so the tenant is not later asked to improve on what they took.
Lease exit planning
For tenants approaching the end of a term, an early view of likely liability and whether carrying out works or settling in money makes more sense.
Negotiation and settlement
We meet the other side’s surveyor, narrow the items in dispute and work towards an agreed figure without proceedings where possible.
The Dilapidations Protocol and section 18
Claims for terminal dilapidations on commercial property in England and Wales follow the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy, known as the Dilapidations Protocol. It expects the landlord’s schedule to be sent within a reasonable time, generally within 56 days of the tenancy ending, endorsed to confirm the works are reasonably required. The tenant’s response usually follows within 56 days of the landlord’s quantified demand.
Section 18(1) of the Landlord and Tenant Act 1927 caps damages for breach of a repairing covenant at the amount by which the value of the landlord’s reversion has been reduced. No damages are due for failing to leave premises in repair if they are to be demolished or altered so that the repairs would be valueless. Where a diminution valuation is needed, the Protocol expects it from a valuer, which we arrange. Our schedules follow the RICS guidance on dilapidations.
What you receive
- Lease review summary of relevant covenants
- Schedule of dilapidations with costings
- Landlord’s endorsement wording for the schedule
- Tenant’s Scott Schedule style response
- Photographic schedule of condition
- Liability estimate for lease exit planning
- Negotiation notes and settlement summary
How it runs
Read the lease
We review the lease, licences for alterations and any schedule of condition to establish exactly what is owed.
Inspect
We survey the premises against those obligations, photographing and measuring each item.
Schedule or respond
We prepare the schedule, the response or the record of condition, with each item linked to its clause and costed.
Settle
We meet the other party’s surveyor, narrow the differences and aim for an agreed settlement.
How we handle dilapidations
We act for landlords and tenants, though never both on the same claim. Because we also specify and manage building work, our costings reflect what repairs actually involve rather than a desk estimate, and tenants who decide to carry out works themselves can use us to scope and supervise them before the lease ends.
If a diminution valuation or legal advice is needed, we arrange a valuer or brief your solicitor and keep everything on one timeline. Where works near a boundary raise party wall matters, we can arrange that too. You keep one point of contact from the first lease read to the agreed figure.
Who we do this for
Related construction consultancy services
-
-
-
Questions about dilapidations surveys
All questionsWhen should a tenant think about dilapidations?
Well before the lease ends. A survey a year or more ahead shows the likely liability and gives you time to decide whether to carry out works or negotiate a payment. Leaving it until after you have moved out removes the option of doing the work yourself and usually puts you on the back foot.
Can a landlord claim the full cost of the repairs?
Not automatically. Section 18(1) of the Landlord and Tenant Act 1927 limits damages to the reduction in the value of the landlord’s interest caused by the disrepair. If the landlord plans to redevelop, or the repairs would add little value, the recoverable sum can be much lower than the cost of the works. This is often the central question in a claim.
What is a schedule of condition and why does it matter?
It is a dated record, with photographs, of the premises when a lease begins. Attached to the lease, it can limit the tenant’s repairing obligation to the condition shown, so they are not asked to hand back a better building than they received. It is far cheaper to prepare one at the start than to argue about condition years later.
Does the Dilapidations Protocol apply to every lease?
It applies to claims for terminal dilapidations on commercial property in England and Wales, that is claims made at or after the end of a tenancy. It does not cover residential lettings. Interim claims during a lease are not within its scope, but following its approach is still sensible. Failing to follow it can affect costs if the claim reaches court.
Do you work with contractors?
Yes. We help contractors with risk assessments and method statements, COSHH assessments, written policies and preparation for SSIP schemes such as CHAS, SafeContractor and Constructionline. On projects we can support clients and principal contractors with CDM duties, and we work alongside main contractors when managing fire remedials, so the people on site have clear information and the right paperwork before they start.
What do your reports look like?
They are written in plain English with each finding located, photographed and given a clear priority. Where remedial work follows, you receive before, during and after photographs, a log of materials used and the certificates for specialist work. Long programmes come with regular progress reports. Everything is supplied digitally for you to keep, ready for your safety file, an audit or the golden thread for higher-risk buildings.
Tell us what you need.
What it is, where it is and what you need checked, fixed or managed. You get a scope and a written proposal back.
- adrian@resilientconsult.uk
- Based
- Wigan-based, working across the North West