Dilapidations Landlords

Dilapidation covers the end of a lease and the tenant's obligation to

Reinstate the premises in accordance with any license to Alter

4Remove their fit out, furniture, etc

Undertake any repairs still outstanding and leave the premises in repair.

Redecorate the premises in accordance with the lease.

Dilapidation has swung to the tenant side in recent years. In part in reaction to how it was 30 years ago.  But in large part, building surveyors have become less effective at representing Landlords' cases to tenants and the courts.

HJA believes that, collectively, we need to return to a more neutral position on the tenant's obligation at the end of a lease.   That is, the landlord recovers their actual loss.  The tenant either performs their lease obligation or compensates the landlord at lease termination.

HJA believes that a well-prepared Schedule of Dilapidations will provide clear evidence of the breach and present to the tenant what works are required to put the premises into repair.

Thus, the tenant can have the work costed and for their surveyor to respond reasonably.  

When required, we bring in a team of specialists to report. We find that this substantiates the claim and speeds up settlement. Otherwise, the tenant treats it as just a negotiation and does not take it seriously.

 HJA believes in representing the landlord's loss rather than pursuing an inflated claim.  

We find that, on average, our approach recovers 90% of the actual loss. Compared to a speculative claim that falls into a 10 to 20% recovery rate.

HJA's view is that dilapidation remains a core skill and expertise of building Surveyors. We use valuers and general practice surveyors, when required, to deal with Section 18 of the Landlord and Tenant Act of 1927.

We believe in serving a schedule a year out. This concentrates the tenant's mind on the cost of leaving the premises.  We can tailor the schedule to suit the negotiation. If it is likely the tenant will stay. Then issue an uncosted schedule.  If the tenant is stuck in negotiation, have it costed. A Costed Schedule tends to concentrate the tenant's mind.   If they renew the lease. Then a schedule of works required can be incorporated into the lease for the tenant to undertake.

We can monitor the tenant to check that the works are undertaken.