Commercial Dilapidations
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What Happens If You Ignore a Dilapidations Claim?

Doing nothing is rarely a neutral choice in a dilapidations dispute. Here's what tends to happen to tenants and landlords who don't engage.


For tenants who ignore a schedule

A schedule of dilapidations that goes unanswered doesn't disappear. The landlord's next step is typically a formal quantified demand, and if that also goes unanswered, court proceedings for breach of the repairing covenant. Once a claim reaches court, a tenant who hasn't engaged with the process loses most of the negotiating leverage they would have had earlier, and can also be exposed to the landlord's legal costs on top of the original claim.

The Dilapidations Protocol and costs

The pre-action Protocol for dilapidations claims expects both parties to exchange information, respond within reasonable timeframes, and consider alternative dispute resolution before litigation. A party that ignores these steps, whether landlord or tenant, risks the court penalising them on costs later, even if they're ultimately right on the substance of the dispute.

For landlords who don't follow the process properly

Landlords aren't immune either. A schedule that's rushed out without proper inspection, without following the Protocol, or without allowing the tenant a fair opportunity to respond is much easier for a tenant's surveyor to pick apart, and can weaken the landlord's position if the matter escalates.

Why silence is the worst option for either side

Every dilapidations dispute that reaches a sensible settlement does so through some form of engagement, whether that's direct negotiation between surveyors or formal mediation. The cases that end up costing the most, in both money and time, are almost always the ones where one side went quiet for too long.

What to do instead

If you've received a schedule and don't know how serious it is, or you're a landlord unsure how to proceed, the answer is the same either way: get it in front of someone who deals with these matters regularly before you decide your next move.

Whether you're a tenant who's received a claim or a landlord preparing one, the right specialist advice early changes the outcome.

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