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Dilapidations

Dilapidations

The term dilapidations generally refers to defects or items of disrepair that are covered by the tenant’s repairing obligations in a lease.

If the tenant is not complying with its repairing obligations in the lease, then usually the landlord will have the ability under the terms of the lease to serve a schedule of dilapidations on the tenant setting out details of those defects or disrepair at the premises, and requiring the tenant to make them good.  Schedules of dilapidation can usually be served on the tenant (if it is in breach of the repairing covenants) during the fixed period of the lease and also when the lease comes to an end.  It is usual to instruct a surveyor to prepare the schedule of dilapidations.

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