Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Dilapidations definition

What does Dilapidations mean? Dilapidations describes the disrepair and other breaches of a tenant’s repairing, decorating, reinstatement and yielding‑up covenants under a lease, typically recorded in a schedule of dilapidations and giving rise to an interim (during the term) or terminal (at lease end) dilapidations claim. It is a descriptive expression used across landlord and tenant practice rather than a single statutory term. In England and Wales, damages for breach of a repairing covenant are limited by section 18(1) of the Landlord and Tenant Act 1927 (diminution‑in‑value cap and no recovery where intended demolition or structural alterations render the works valueless),...

Terminal dilapidations: assessing damages, LTA 1927 s 18(1) cap, supersession, Protocol and reinstatement (England and Wales)

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Practice notes

This Practice Note explains how damages for dilapidations are addressed once a lease has come to an end, covering the common law approach, the statutory ceiling under both limbs of section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927), the principle of supersession, and procedural matters such as the Dilapidations Protocol. After the lease ends, the landlord cannot forfeit or depend on a Jervis v Harris clause. At that point, damages are the only remedy available and the recoverable amount is determined by:

common law principles for assessing damages for breach of a repairing covenant; and
section 18(1) of the LTA 1927, which restricts, and in some instances removes, the sum otherwise recoverable for disrepair (‘the statutory cap’)

Damages—common law

At common law, the measure of damages for disrepair is the reasonable cost of restoring the premises to the condition in which they should have been left, together with loss of rent and other losses incurred during the period of the works. The proper standard of repair is that which is reasonable in all the circumstances, taking into account the building’s locality and age...

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Web page updated on 21/05/2026

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