Serving a Dilapidations Claim as a Landlord: A Step-by-Step Guide

Instruct a surveyor early

The strongest claims start with a surveyor instructed before or immediately after the tenant vacates, not months later. Early instruction means the property's condition can be properly recorded before anything changes, and gives you the clearest possible picture of what's actually owed.

Inspect and prepare the schedule properly

A robust schedule itemises each alleged breach clearly, references the specific lease clause it relates to, and is supported by photographic evidence. Vague or blanket claims are the first thing a tenant's surveyor will challenge, and rightly so.

Cost it realistically

Inflated costings undermine a claim's credibility and invite exactly the kind of scrutiny that drags out negotiations. A schedule costed at realistic market rates, prepared with an eye to what a diminution valuation would actually support under Section 18, tends to move faster to a fair settlement.

Serve it following the Protocol

The pre-action Protocol for dilapidations expects a quantified demand to be served with proper supporting information, and for the tenant to be given a fair opportunity to respond. Skipping these steps risks costs sanctions later even if the substance of the claim is sound.

Negotiate before you litigate

Most dilapidations disputes settle through negotiation between surveyors, sometimes with solicitors involved once positions are clearer. Courts expect both parties to have considered mediation or another form of alternative dispute resolution before a claim reaches litigation, and being seen to engage properly with this process protects your position either way.

Avoid the common mistakes

The claims that fall apart under challenge are usually the ones that claim for betterment rather than genuine repair, ignore an existing schedule of condition, or cost items well above what the market would actually charge. Avoiding these from the outset makes for a faster, cheaper, and more successful claim.