Dilapidations

Dilapidations are breaches of a tenant's obligations to repair, maintain, decorate or reinstate a property, as set out in the lease or tenancy agreement, together with the landlord's claim for the cost of putting them right. The term most often arises when a commercial lease ends, but it applies equally to residential lettings, where a dilapidations claim is usually settled from the tenancy deposit.

Position verified 4 November 2026. England and Wales.

What counts as dilapidations?

A dilapidation is any way in which the property is in worse condition than the agreement requires at the point it is assessed. Claims fall into three groups: disrepair, such as broken fittings, holes in walls or damaged flooring; decoration, where the agreement required redecoration that was not done or was done badly; and reinstatement, where the tenant made alterations and did not remove them as required.

Two things are never dilapidations. The first is fair wear and tear, the gradual deterioration that comes from ordinary use. The second is any defect the landlord is responsible for. In residential lettings, section 11 of the Landlord and Tenant Act 1985 keeps the structure, exterior and installations for heating, water and sanitation with the landlord, so a tenant cannot be charged for those.

Who pays for dilapidations?

The tenant pays, to the extent they have breached their obligations. In a commercial lease that can be a large liability, because full repairing leases often make the tenant responsible for the whole building. In a residential letting, the tenant's duty is narrower: to use the property in a tenant-like manner, repair damage they or their visitors cause, and return it in the condition recorded at check-in, allowing for wear and tear.

What is a schedule of dilapidations?

A schedule of dilapidations is the landlord's itemised list of each alleged breach, the clause it breaches, the work needed to remedy it and the cost. In commercial property, the Pre-Action Protocol for Dilapidations sets out how it is served and answered, and the damages a landlord can recover are capped at the fall in the property's value under section 18 of the Landlord and Tenant Act 1927. The RICS guide to dilapidations in England and Wales explains the commercial process in more detail.

In residential lettings there is no formal protocol. The equivalent is a check-out report compared line by line against the check-in inventory, with photographs and a cost for each item.

What is a dilapidation deposit?

"Dilapidation deposit" is an informal name for the tenancy deposit, which in England must be protected in one of the three government-approved schemes. Legally, the deposit secures every tenancy obligation, including unpaid rent and cleaning, not only damage. A landlord who proposes a deduction must evidence the original condition, the current condition and the cost of putting it right, and adjudicators apply betterment, so an old carpet cannot be charged at new replacement cost. Once the amount is agreed, the deposit must be returned within 10 days. If agreement is not reached, either side can use the scheme's free dispute service, whose decision is binding once both parties agree to use it.

From working with self-managing landlords across the UK, the deposit disputes landlords lose are almost never about whether the damage happened. They are about whether the check-in record proves it was not there before. Our free inventory and schedule of condition template gives you that starting record, and August's document storage keeps it with the tenancy until the day it is needed.

Frequently asked questions

What are dilapidations in property?

Dilapidations are the repairs, redecoration and reinstatement a tenant owes under their lease or tenancy agreement but has not carried out. The landlord can claim the cost, either through a schedule of dilapidations at the end of a commercial lease or as a deduction from a residential tenancy deposit.

Can a landlord charge for dilapidations caused by fair wear and tear?

No. Fair wear and tear is the normal deterioration of a property through reasonable use, and the tenant is not liable for it. Deposit adjudicators look at the length of the tenancy, the number of occupants and the age of each item before deciding what counts as damage.

How does a landlord make a dilapidations claim against a deposit?

Compare the check-out report with the check-in inventory, write to the tenant with each proposed deduction and the evidence for it, and try to agree the figure. If you cannot agree, the deposit scheme's dispute service decides. Our landlord's guide to dilapidations walks through each step and how to defend a challenge.