Responding to dilapidations claims

Much, but of course not all, of what is discussed above is equally applicable in claims made by a tenant against a landlord.

See also section 9, Claims against landlords, of the Dilapidations guidance note (7th edition).

Just as in claims against a tenant, where a tenant’s surveyor will broadly need to consider the same factors and take many of the steps as the landlord’s surveyor, in claims against landlords the situation is essentially reversed. Given that the landlord owns the building (or the reversionary interest) in question and presumably has a vested interest in maintaining his investment, the landlord ought to consider undertaking the work to minimise the claim against him (see Physical work v damages).

In damages and/or set-off claims it may be that the parties’ surveyors can negotiate a settlement without the (further) need for the involvement for solicitors, other than possibly to document any settlement reached. If self-help is being pursued, the landlord’s reaction to the threatened use of the remedy could require legal advice, as could the manner in which the remedy is to be implemented.