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What is a Dilapidations Surveyor?
The report of dilapidations is made by a dilapidations surveyor and lists every repair required of the tenant under the terms of their lease contract.
Examples of this are redecorating, fixing or restoring the premises which usually occurred because of abuse, incomplete or poor repairs or the lack of needed care. If the tenant fails to carry out required repairs or changes, according to the terms of the lease, the landlord can claim money from them.
A landlord may submit a Dilapidations claim for damage before the lease is up or after it ends. You should learn about Schedules of Dilapidations, your duties, how claims can be disputed and strategies to avoid them.
What is the purpose of a Landlord’s Schedule of Dilapidations?
When it’s the tenant’s duty to cover the cost of repair, you should write a Schedule of Dilapidations to share the details, but both landlord and tenant should find a fair solution.
If your tenant is responsible for restoring changes and fixing issues in the terms stated in the lease, the surveyor can produce a recent, detailed and extensive Schedule of Dilapidations as per your requirements. They could also meet with the other party’s surveyor to try and reach a positive outcome.
In case your tenant argues against your dilapidations claim, a surveyor can defend you in court and give professional expert testimony.
What is a Schedule of Dilapidations for Tenants?
Before you finalise a new lease, our panel of dilapidations surveyors in Canterbury can outline the dilapidations part of the lease simply for you so you are aware of what it means when you start to manage the property. If you want to modify your rental property, they are able to prepare a Licence to Alter and solve any disputes that may arise.
A Schedule of Dilapidations served on you will be explained by your surveyor, who will let you know your role, details about acceptable costs and, if a dispute may occur, how they can assist you in preparing your valid response. In cases where only a judge can resolve the dispute, your surveyor may be brought in to court as your expert witness to help secure a resolution.
Why you must have a Dilapidations Survey in Canterbury, London, Bristol, Birmingham, Manchester and Cardiff
Typically, close to the end of a lease, the landlord has a surveyor already on call, so they can look at the property thoroughly and prepare a Schedule of Dilapidations if required.
Before the lease ends, repairs can be made by the landlord; but they need to give the tenant a chance to repair or restore, if they wish, before doing the work. Chartered surveyors help both parties in a rental agreement: the landlord and tenant.
- make up for financial losses
- determine if the dilapidations claim is correct
- keep up with what the tenancy agreement requires
- deal with claims promptly and in the least expensive way
- keep away from disputes that could end in court
This document should detail the breaches to the lease and recommend which repairs are necessary to deal with them. Sometimes, the Schedule of Dilapidations covers costs and the rental loss during the period that repairs are being put in place. If the tenant still does not comply, the landlord can go ahead and claim damages using a Terminal Dilapidations claim.
The detail of dilapidation claims may cover the landlord’s losses from reduced rent and a drop in the property’s value. Property will also managed under Section 18 of Landlord & Tenant Act 1927 if a formal valuation needs to be done.
What is in a Schedule of Dilapidations?
It is necessary for the landlord’s claim to cover expenses, changes and consequences for the financial aspects related to repairs such as:
- setting out the Dilapidations Schedule accurately
- costing up damaged items
- what the tenant is required to do
- proof of lost rent
- repairs and fixes not considered
The financial damages in such cases have a maximum value.
If a Schedule of Dilapidations is given to you as a Tenant, how should you respond?
If the property is found to have problems and a Schedule of Dilapidations is issued, make sure you address it immediately and in full detail.
Your dilapidations surveyor will help you find out which repairs are necessary and in line with what is stated in your lease. Perform the required maintenance, replace any changes made and return the property to its pre-lease state to make sure your position is not prejudiced.
If the landlord feels you have not fixed important items on the lease and left damage in the property, the landlord might sue you to get compensation if you do not pay at the outset.
The protocol governs how your surveyor reacts to your opponent’s disagreements and keeps your claim reasonable.
Take steps to avoid a Schedule of Dilapidations Claim as a Tenant
You should always know the terms of the lease so that you do not end up responsible for anything in the premises when the rent is paid.
Read the agreement thoroughly and always ask a properly qualified Chartered Surveyor to help you if you discover anything that might be a claim or looks confusing.
When the building is listed, take extra steps to protect it. There are often challenges such as troubles with windows, continuous leaks from the roof and extra issues with damp and moisture that damage the place which isn’t your responsibility.
When you decide to rent the property, get the surveyor to make a Schedule of Condition and inform the Landlord before entering into the lease. This lets you document the situation of the property at the start and give you proof in case an argument arises.
Put all of your documentation in a safe spot and maintain the condition of the home as carefully as possible while living there.
Landlords in Canterbury Should Know about Dilapidations
It is useful to carry out regular inspection of the property during your tenants’ lease to confirm they are following the terms of their agreement and not ignoring necessary maintenance.
According to the lease agreement, the owner or their staff should do inspections of the property at set intervals after getting the tenant’s consent. Any problems discovered should be reported to the tenant and all the repairs needed should be requested from them by written request without delay.
When lasting damage to the property leaves the Landlord’s future contracts or borrowing possibilities at risk, it can be wise to encourage the tenant to fix the damage right away and let your surveyor prepare an Interim Schedule of Dilapidation to help you with this.
Aside from the Interim Schedule of Dilapidation, landlords can also issue the Terminal Schedule of Dilapidation at any moment.
The Terminal Schedule of Dilapidations is called this because it is issued within the last 18 months and is meant to maintain the value of the Landlord’s property as unchanged in light of your breaches.
For example, this could mean repairs, making the premises decent again, removing the tenant’s alterations, repainting or renewing floors and other parts. By doing this, both the tenant and landlord have clear expectations of repairs which helps the tenant finish the job on time without conflict. A potential tenant will be interested in seeing how the property looks before moving in to avoid being required to fix anything that is not their problem.
Failure by the lessee to do repairs will result in a breach of the rental contract according to section 146 of the Law of Property Act 1925. When the lease expires, the landlord will create a Final Schedule of Dilapidations as a form of financial protection because the lessee will not be allowed back in the property.
How long does it take to carry out a Building Survey?
Ordinarily 2-4 hours. This depends on several factors, prominent among them the type of property, its dimensions, and the intricate nature of any problems under consideration. For routine surveys, the “rule of thumb” is that it takes about an hour for each storey of the building. For more surveys, when there are many more things to look at, the surveyor can easily take a long day to get it done.
Contact Canterbury Surveyors for a Dilapidations Survey on your property.
A dilapidations survey report is a document that assists with making sure the tenant is following the lease and giving the property back in good condition. With this information, tenants are able to challenge accusations made against them which protects everyone during disputes.
Talk to our team if you want to lease or deal with issues such as a Schedule of Condition or Dilapidations.
