Dilapidations

If you’re unfamiliar with the term “dilapidations,” you might be wondering what it entails. Dilapidations refer to the obligations a tenant has to maintain and repair a property during or at the end of their lease. For more information read our blog on demystify dilapidations.

It ensures that the property is returned in a satisfactory condition, as agreed upon in the lease agreement. These obligations include repairing any damage caused, reinstating any alterations, redecorating, and addressing maintenance issues that have arisen during the tenancy.

Dilapidations impacts on landlords and tenants differently, and requires different strategies to successfully negotiate an outcome. Much of this will depend on the lease obligations, if there’s a schedule of condition, or any other supporting information available, coupled with the actual condition the property is in at lease end.

As a landlord, you will want to preserve the value of your asset and be compensated for any losses that you incur as a result of your tenant failing to comply with their lease obligations. As a tenant, you will need advice on the validity and quantum of your landlord’s claim, as well as any statutory protection. In either situation, you need an experienced building surveyor with knowledge of the legislation, procedures, remedial work options and costs.

We have successfully represented both landlords in preparing a schedule and tenants is defending a schedule. If the lease is nearing the end of the term and you receive a schedule to serve on the tenant, or you are a tenant who has required a schedule and you need to defend it we can help you.