Dilapidations in Scotland: A Scottish surveyor's perspective

Abstract

Dilapidations work relates to the process of establishing liability for the carrying out of repairs or other works to a property under the obligations of a lease agreement. This paper deals with the practice of dilapidations work in Scotland in respect of commercial property. Dilapidations in Scotland is to a large extent no different than in the rest of the UK, but there are a few nuances that should be borne in mind. This paper touches on the legal principles surrounding dilapidations work in Scotland, including interpretation of the contract of lease, the transfer of common law obligations from one party to another, and the difference between ordinary and extraordinary repairs. It also looks at the role of the surveyor in dilapidations matters, and what that surveyor needs to do to carry out a dilapidations survey and prepare a schedule of dilapidations. It then looks at the various options open to tenants in fulfilling their various lease obligations, and how landlords can protect their valuable assets when tenants fail to honour those obligations. Throughout the paper there are references (and some limited commentary from a surveyor's perspective) to case law relevant to the subject, including some very recent, influential Scottish cases.