Dilapidations

Dilapidations

This Overview summarises the ways in which landlord and tenant repairing obligations can arise, and their effect. It also summarises remedies for interim and terminal dilapidations, and obligations to reinstate alterations.

Landlord's repairing obligations

The landlord will only have repairing obligations to the extent of any express obligations in the tenancy, subject to a few exceptions. These include ensuring any retained premises are in such condition as to not cause damage to the tenant, and covenants implied by statute in respect of residential tenancies. For more information, see Practice Notes: Landlord and tenant implied repairing obligations and the doctrine of waste and Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair.

Tenant's repairing obligations

Again, unless there is an express obligation, the tenant only has limited duties in respect of repairs, including not committing waste and an implied duty to use premises in a tenant-like manner. For more information, see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste.

What is the appropriate standard of repair?

The subject matter of an express repairing obligation is a matter

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