Q&As

Can the landlord's surveyor serve a terminal schedule of dilapidations on a tenant or must the landlord's solicitor serve this?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 23/02/2018

The following Property Disputes Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Can the landlord's surveyor serve a terminal schedule of dilapidations on a tenant or must the landlord's solicitor serve this?

Can the landlord's surveyor serve a terminal dilapidations'>schedule of dilapidations on a tenant or must the landlord's solicitor serve this?

A lease is at heart a contract between landlord and tenant which binds both parties by reason of privity of contract and which creates an estate in land which for certain purposes will also bind successors in title to the original landlord and tenant by reason of privity of estate. In answering your query, it is essential to consider the terms of the lease.

It is to be assumed that the lease contains the usual covenant to yield up the property at the end of the term in repair and, if alterations have been carried out, reinstated as far as required by the landlord. The standard of repair required will, again depend on any qualifying words in the lease itself such as a proviso that the tenant shall be under no obligation to put the property into better repair and condition than it was at the date of the lease.

What usually happens where there is a covenant to yield up in repair is that a few months or weeks before the tenant is due to move out the landlord will commission a surveyor to carry out an inspection and produce, if in the surveyor’s opinion the property is out of repair a terminal schedule of dilapidations.

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