At the end of a commercial lease, landlord and tenant frequently disagree about the state of the premises and the money said to be owed for it. A dilapidations expert witness provides the independent technical evidence that resolves, or decides, that argument. We advise on breaches of repairing, decorating and reinstatement covenants, test the figures claimed on each side, and prepare reports suitable for court proceedings. Our instructions come from landlords, tenants and their solicitors, at any stage from lease expiry through to trial.
Dilapidations claims combine several contested ingredients: what the lease actually obliges the tenant to do, the condition of the building at expiry, the reasonable cost of remedying each breach, and the legal cap on damages. Landlords sometimes claim for works they never intend to carry out; tenants sometimes dismiss genuine liabilities wholesale. Add supersession arguments, where a landlord’s own refurbishment plans wipe out parts of the claim, and it is easy to see why an independent expert is so often the turning point in negotiations.
We begin by reviewing the lease, licences for alterations, schedules of condition and any claim documents already exchanged. We then inspect the premises, recording condition against the covenants item by item. Depending on our instruction, we prepare or respond to a schedule of dilapidations, build up or challenge the quantified demand, and address the diminution in the value of the landlord’s reversion. Throughout, we work within the framework of the Dilapidations Protocol, attending without-prejudice meetings and, where directed, producing joint statements with the opposing expert.
The documents we produce depend on the stage the dispute has reached:
Each is prepared to withstand scrutiny from the other side’s advisers and, ultimately, the court.
Our fees reflect the scope of the exercise rather than a fixed menu. Relevant factors include the size and complexity of the premises, the length of the schedule in dispute, whether a section 18 diminution valuation is required alongside the building surveying evidence, how far the parties are through the Protocol, and whether the matter is likely to proceed to a joint statement and hearing. Because most dilapidations claims settle, we structure fees in stages so you only commit to trial-level work if the dispute genuinely requires it.
Dilapidations sits at the junction of building surveying, valuation and landlord and tenant law, and the courts expect evidence from professionals fluent in all three. Our experts are RICS-qualified chartered surveyors who prepare claims and responses in accordance with the Dilapidations Protocol and RICS guidance, and whose reports comply with CPR Part 35, including the overriding duty to the court and the statement of truth. The Protocol’s endorsement requirements mean exaggerated or unsubstantiated positions carry real risk; disciplined, endorsed evidence protects you from that risk.
The most powerful tool in many dilapidations disputes is section 18(1) of the Landlord and Tenant Act 1927, which caps damages for disrepair at the resulting reduction in the value of the landlord’s reversion. Where the landlord intends to redevelop or refurbish, that reduction may be far smaller than the cost of the works claimed, and sometimes nil. Assessing diminution properly requires valuation expertise informed by the local market. Operating from Notting Hill, we bring direct knowledge of central and west London commercial property to that exercise.
Whether you are a landlord preparing a claim or a tenant facing one, the earlier you take independent advice the stronger your position under the Dilapidations Protocol. Contact Notting Hill Surveyors for a confidential discussion of your lease, the premises and the figures in dispute, and we will set out a staged fee proposal.