Dilapidations claims at the end of the term
Published by a LexisNexis Property Disputes expert
Practice notesDilapidations claims at the end of the term
Published by a LexisNexis Property Disputes expert
Practice notes
This Practice Note sets out how damages for dilapidations are dealt with once a lease term has ended and covers the common law position, the statutory cap under the two limbs of the Landlord and Tenant Act 1927 (LTA 1927), s 18(1), the principle of supersession, and procedural issues including the Dilapidations Protocol.
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy and the amount recoverable is governed by:
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common law principles for the assessment of damages for breach of a covenant to repair, and
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section 18(1) of the LTA 1927, which limits, and in some cases extinguishes, the amount otherwise recoverable for disrepair (‘the statutory cap’)
Damages—common law
At common law, the measure of damages for disrepair is the reasonable cost of putting the property into the state in which it ought to have been left (plus loss of rent and other losses during the period of the works). The appropriate
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Dilapidations definition
What does Dilapidations mean?
Disrepair which has arisen as a result of a breach of a tenant’s repairing and decorating obligations in a lease. The claim for damages for the breach can be interim (made during the term of a lease) or terminal (made at the end of a lease).
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