Can dilapidations be improved?

Abstract

‘Dilapidations’ is the name given to the process of recompense for breaches of those lease terms that relate to the condition of the property. The most common form of dilapidations disputes occur at or after the end of a tenant's lease, and it is that scenario which this paper focuses on. The paper suggests improvement in three areas of dilapidations practice and procedure: (1) Unless both parties agree otherwise, that a hybrid form of Expert Determination be used to settle all dilapidations disputes. (2) That lease drafting be improved, so that the demise descriptions are used to describe the demised premises. (3) That surveyor training and knowledge be improved.