Dilapidations – Some Common Issues

As the prospects for rental growth remain subdued, we can anticipate that landlords will increasingly focus on other ways to make money.  One of those may be claims for dilapidations.  Here are a few common questions which come up relating to dilapidations:

1. Q – My lease is not up for another five years but the landlord has just served a schedule of dilapidations.  Can he do that?
   
   A – Probably yes. Most leases allow the landlord to require dilapidations at any time during the lease and as frequently as the landlord wishes.  It would be unusual for the lease to prohibit the landlord from requiring dilapidations until the expiry of the lease.  The landlord is normally entitled to have the premises in a constant state of good repair.