Dilapidations

Dilapidations, Disrepair and Repairing-Covenant Support

Repair disputes can quickly become expensive, particularly when a pub is changing hands,
approaching lease expiry or dealing with longstanding defects. RH&L helps pub and
hospitality operators understand the paperwork, identify the real issues and prepare a
practical response.

Discuss your case

Problems we can help you examine

Schedules of dilapidations

We can review the schedule alongside the lease, repairing matrix, Schedule of
Condition, photographs, inspection records and previous correspondence.

Inherited and pre-existing defects

We help identify whether the items now claimed were already present, previously
recorded, allocated to the landlord or included in agreed initial works.

Landlord and tenant responsibility

Repairing obligations vary. We examine the actual wording rather than assuming that
every defect, external item or structural problem is automatically the tenant’s responsibility.

Uncompleted or defective landlord works

Where promised repairs were delayed, failed or remained incomplete, we help organise
the evidence and distinguish those issues from genuine tenant liabilities.

Betterment and supersession

A claim may require scrutiny where local repair has been replaced by wholesale renewal,
modernisation or an upgrade, or where the landlord’s planned works would supersede the
repairs being claimed.

Compliance and certification

We can separate missing paperwork from proven physical defects and identify certificates,
tests, servicing records and other documents that may answer individual schedule items.

How RH&L can support you

  1. Initial document review

    We review the lease or tenancy, repairing obligations, Schedule of Condition,
    dilapidations schedule, quantified demand, photographs and relevant correspondence.

  2. Responsibility and evidence analysis

    We identify the items that appear supported, disputed, duplicated, pre-existing,
    insurance-related, outside the covenant or dependent on further evidence.

  3. Response and negotiation strategy

    We help structure questions, evidence requests, rebuttal correspondence and a practical
    negotiating position. Where appropriate, issues can be organised item by item for discussion
    with the landlord or its surveyor.

  4. Specialist coordination

    A matter may require a chartered building surveyor, valuation specialist or solicitor.
    RH&L can help define the issues and coordinate with independently instructed specialists
    where their professional input is required.

Section 18 and the value of the landlord’s interest

In relevant commercial lease cases, Section 18 of the Landlord and Tenant Act 1927 can limit
damages for breach of a repairing covenant to the reduction in value caused by the breach.
Intended demolition or structural alteration may also affect recoverability where the claimed
repairs would be rendered valueless.

Section 18 is fact-sensitive and may require specialist valuation and legal advice. We can help
identify when the issue should be raised and what documents or professional input may be needed.

Documents that may help

  • The signed lease, tenancy, licence and any variations or side letters
  • The repairing matrix and agreed initial works schedule
  • The incoming Schedule of Condition and original photographs
  • Interim, terminal or final dilapidations schedules
  • Any quantified demand, departure statement or surrender proposal
  • Repair tickets, inspection reports and contractor records
  • Evidence of leaks, mould, electrical problems or structural defects
  • Insurance correspondence and evidence of insured damage
  • Certificates, service records and compliance documents
  • Correspondence about responsibility, promised works or landlord intentions

Do not worry if the file is incomplete. Identifying what is missing can itself be an important
part of the review.

Get an independent review before accepting the claim

Whether you have received a schedule, are preparing to leave, are negotiating a surrender or
are dealing with unresolved disrepair, early organisation of the evidence can improve your
position and help avoid unnecessary cost.

Contact RH&L

Important information

RH&L provides commercial consultancy and casework support. We are not presenting this
service as a substitute for advice from a solicitor, chartered building surveyor or specialist
valuation surveyor. Where regulated legal, surveying or valuation work is required, the relevant
professional should be instructed independently.

Every property, agreement and claim is different. Information on this page is general and
should not be treated as legal or surveying advice on a particular matter.