Disagreements On The Repairs Needed


We market the services of independent Surveyors. Surveyors pride themselves on a high standard of work. We can offer Schedules of Condition with regard to leases , Property Reports, Schedules of Dilapidations, Scott Schedules, Section 18 Valuations, Commercial Building Surveys, Structural Reports, Specific Defects Reports. Note these are not for bank lending but are to advise you how much we feel the property is really worth. If you have a property problem we may even already have written an article on it and we would refer you to the many articles we have on our home page 1stAssociated.co.uk. use independent surveyors who are more than happy to chat. Please Free phone us on 0800 298 5424 and surveyor will call you back.

Free phone 0800 298 5424

The dilapidations process

The dilapidations process involves the landlord's surveyor preparing a schedule of breaches of the lease, known as a Schedule of Dilapidations. The schedule identifies what breaches have taken place by giving reference to the breach clause in the lease and specifying what the breach is. The onus is on the landlord to prove there has been a breach of the covenant. The tenant, assuming the breach is correct, decides how the work should be carried out.


Same dilapidations issue, different view on how it is best solved

The way landlords and tenants tend to view this work can be completely different. The landlord will generally wish to have the best long term job carried out, because he wishes to protect his assets and ensure minimal future problems, as he has a long term interest in the building. The tenant, who has no long term interest in the building and a dilapidations is served as he is about to leave, wishes to carry out the most economical repairs. It is this issue which is the cause of most disputes.


Quality of repair

So, how do we decide what quality of repair is required? This is best seen by giving an example.


First of all we need to advise that there is a limit to the repair work/replacement work and this is seen in Shortland case, also known as a Section 18 Valuation, which limits the maximum cost of damages to the diminution in value.


Replacement or betterment?


The roof example


A 1960's warehouse unit with an asbestos cement roof that is damaged at the valley gutter area and is leaking, and also has rusting/deteriorating fixing bolts. The landlord's argument would generally be one for replacement, whilst the tenant's argument would be for repair. The overall riding factor is the extent of the deterioration. We have spoken to several surveyors on this matter and the general view is that where the deterioration of the roof is around 50% plus then there are arguments for renewal. However, less than this and there are arguments for repair.



It would certainly be in the tenant's best interest to carry out the repairs themselves, as at the end of the lease the landlord could have the roof renewed and charge them and it would be very difficult to argue otherwise, unless, for example, they had evidence to show that a repair was acceptable, perhaps by obtaining three quotations from specialists in this area. Another solution for the tenant would be to agree a financial settlement while they were still present in the property.



As an aside, one surveyor advised us that he had once argued that the tenant had only been in the property for the past three years and that the roof lights and asbestos had far worse deterioration than could possibly be caused in three years and accordingly he was only happy to pay a percentage. We don't really think this argument will hold much water in court, as the guidance is what the lease requires for the condition of the property to be put into and not the condition it was when the tenant took it.

Replacement not betterment



There is also the argument with regard to a floor which has dampness. If there is a damp proof course there and it has failed then it should be repaired. However, if there is no damp proof course present then it would be betterment to add a damp proof course.



Example of a Shedule of Dilapidations filled in



Back to our main menu on Dilapidations

Dilapidations for Tenants, Leaseholders and Business Owners including examples of Commercial Building Surveys and Schedules of Conditions

Dilapidations in a Nutshell for Tenants, Leaseholders and Business Owners

Dilapidations for Landlords and Investors including an example of a Scott Schedule

Dilaps Claim by a Landlord

Dilapidations - Scott Schedule Example

Please contact us for help and advice with regard to dilapidations, dilaps claims, negotiations, Section 18 valuations, schedules of condition, break clauses, scott schedules , commercial structural surveys, commercial building surveys, commercial property reports, structural reports, engineers reports, specific defects report, structural surveys, home buyers reports or any other property matters on 0800 298 5424 and a surveyor will ring you back to discuss this further. Please note we are independent surveyors.

If you would like Dilaps Help then please visit our www.DilapsHelp.com

website and for Disputes go to our Disputes Help site www.DisputesHelp.com .

We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).

The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision.

All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of 1stAssociated.co.uk.


building engineers

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright 1stassociated.co.uk

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert


Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?



Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients


First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information


Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West


North and North East



London Markets

London Parks



Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax