Dilapidations are items in disrepair that are covered by the tenant’s duty to maintain and repair the property.
The lease is likely to impose a standard of maintenance and repair during the term of the tenancy, and at expiry of the term. It is important to obtain advice before entering the lease.
If the property is not maintained pursuant to the obligations, the landlord may be entitled to exercise its rights under the lease and formally commence the procedure for works to be carried out by the tenant in compliance with the leasehold obligations.
At the end of the lease, the tenant is required to hand the property back to the landlord in the condition set out under the terms of the lease. If the tenant does not do so, the landlord may be entitled to serve a notice to reinstate on the tenant.
When serving the notice to reinstate, the landlord should also send to the tenant a Schedule of Dilapidations, prepared by a specialist surveyor, identifying the breaches, remedial work required, and providing costings.