Dilapidations Glossary of Key Terms
We’ve compiled this comprehensive Dilapidations Glossary — an essential reference for anyone involved in commercial property and lease-end disputes.
Understanding the world of dilapidations can be complex—especially for landlords, tenants, property managers, and professionals new to commercial leases. Whether you're preparing a schedule of dilapidations or responding to one, being familiar with the terminology is crucial.
This guide defines the most important terms used in dilapidations claims, legal processes, and property surveying. Use this glossary to better understand your rights, responsibilities, and the mechanics behind leasehold property obligations in the UK.
Why a Dilapidations Glossary Matters
The terminology used in dilapidations disputes is rooted in both property surveying and legal precedent. Misunderstanding even one key term can result in costly errors or weak negotiating positions.
Our Dilapidations Glossary offers clear, plain-English definitions to help demystify the process and support informed decision-making for all parties.
Dilapidations Glossary A–Z
Ad Interim Rent
Rent payable between lease expiry and the date the tenant vacates the premises. Relevant when a lease has ended but the tenant remains in occupation, typically while dilapidations issues are being resolved.
Aggregate Cap
A clause in some leases that limits the total amount a tenant may be required to pay in relation to dilapidations, often expressed as a percentage of annual rent or a fixed sum.
Alternative Remedy
Non-financial remedies a landlord may seek—such as specific performance for instance (forcing the tenant to carry out works)—instead of claiming damages.
Break Clause
A clause allowing either party to end the lease early, often conditional on compliance with covenants including dilapidations.
Building Surveyor
A professional who inspects buildings and prepares schedules of dilapidations or defends against them, acting on behalf of landlord or tenant.
CapEx (Capital Expenditure)
The cost of significant upgrades or improvements. Typically excluded from dilapidations unless explicitly covered in the lease.
Covenants
Legal obligations set out in the lease, including those relating to repair, reinstatement, and redecoration.
Diminution in Value
Reduction in a property's market value due to disrepair. Used to limit a landlord’s damages under Section 18(1) of the Landlord and Tenant Act 1927.
Dilapidations
Breaches of lease covenants relating to the condition of a property, typically at lease expiry. Also refers to the process of resolving these breaches.
Dilapidations Protocol
A formal pre-action protocol that sets out best practices for handling dilapidations claims in England and Wales.
Final Schedule of Dilapidations
The landlord’s post-lease document setting out alleged breaches and associated costs, served in accordance with the Protocol.
Forfeiture
The landlord’s right to terminate the lease due to tenant breach, including failure to repair.
Interim Schedule of Dilapidations
A schedule served during the lease term to prompt tenant compliance rather than to seek damages.
Jervis v Harris Clause
A lease clause allowing the landlord to carry out repairs and recover the cost from the tenant without ending the lease.
This clause is particularly useful during the lease term, as it avoids the need for forfeiture or court action. It stems from the 1996 case Jervis v Harris, which clarified that such cost recovery is enforceable provided the lease expressly allows it and proper notice is given.
Lease Expiry
The date on which the lease term ends, triggering obligations related to terminal dilapidations.
Licence for Alterations
Landlord consent for tenant alterations, which often includes reinstatement obligations at lease end.
Loss of Rent
A claim for rent lost due to the tenant failing to return the premises in lettable condition.
Notional Lease
A hypothetical lease used in diminution valuation to assess the value of disrepair under Section 18(1).
Preliminary Schedule of Dilapidations
An informal or early-stage list of disrepair, not part of the formal process but used to initiate discussions.
Quantified Demand
A formal document served under the Dilapidations Protocol including the schedule, costings, and legal basis of the claim.
Reinstatement
The tenant’s obligation to reverse alterations and return the property to its original condition at lease end.
Repairing Covenant
A clause obliging the tenant to maintain or restore parts of the premises to a specified condition.
Schedule of Condition
A record of the property’s state at lease commencement that may limit the tenant’s liability for repair.
Schedule of Dilapidations
A list of lease breaches typically covering repair, reinstatement, and decoration, forming the basis of a claim.
Section 18(1)
Part of the Landlord and Tenant Act 1927 that limits the landlord’s damages claim to the actual diminution in value due to disrepair.
Statutory Bar
A legal restriction that may prevent certain dilapidations claims due to time limits or valuation rules.
Supersession
Occurs when the landlord’s future plans render tenant repairs unnecessary, reducing or nullifying a claim.
Tenant’s Works
Alterations made by the tenant, often subject to reinstatement obligations at lease end.
Terminal Dilapidations
Claims arising after lease expiry for breaches of lease covenants relating to the condition of the premises.
Yield Up
The process of returning the property to the landlord in accordance with lease obligations.
Tips for Using This Dilapidations Glossary
- Landlords - Ensure your schedule and claims are based on accurate terminology and legal principles.
- Tenants - Use this glossary to challenge or respond to a schedule of dilapidations knowledgeably.
- Surveyors & Advisors - Bookmark this as a reference for negotiations and client reporting.
Expand Your Knowledge Beyond the Dilapidations Glossary
This Dilapidations Glossary is a great starting point. But real-world disputes depend on how these terms are applied. For expert advice on Section 18(1) valuations, supersession, quantified demands, or terminal dilapidations, our team at Anstey Horne is ready to help.
Get in Touch
Need help with a dilapidations matter? Our expert team provides tailored advice to landlords and tenants across the UK.
From initial inspections to final settlement, we bring clarity and confidence to every stage.
Dilapidations Glossary - Related Resources
Understanding Section 18(1) and Diminution Valuations
Supersession in Dilapidations: What It Means for Landlords and Tenants
Contact
Our expert team have extensive experience of dealing with all dilapidations matters. We act for both landlords and tenants, ensuring a global approach to the dilapidations process.
Also see our recent article on Tenants Top 5 Dilapidations Mistakes and how to avoid them.
We assist commercial landlords and tenants on all aspects of lease obligations, repair and dilapidations.
We provide specialist surveys, new lease schedules of condition and general dilapidations advice.
For any help or advice on repair obligations, Dilapidations issues; or to commission a schedule of condition for a new lease call us on 020 4534 3132 or contact one of the team :
Simon Hill
BSc MRICS
Senior Director
Building Surveying
Manchester
Alexa Cotterell
BSc MRICS
Senior Director
Building Surveying
Birmingham
Mark Crowley
BSc (Hons) MRICS
Senior Director
Building Surveying
Bristol