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),...

Landlord remedies for disrepair during the term: damages, s146/LP(R)A 1938 leave, forfeiture, Jervis v Harris entry and repair, and specific performance (England and Wales)

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Practice notes

This Practice Note summarises the main remedies available for breaches of a tenant’s repairing duties while the lease is ongoing, including an interim damages claim for disrepair, forfeiture (subject to the limits imposed by the Leasehold Property (Repairs) Act 1938), serving a notice to repair under a ‘Jervis and Harris’ clause, and specific performance. For dilapidations pursued after the term has ended, refer to Practice Note: Dilapidations claims at the end of the term.

The available claims are:

damages
forfeiture
entry and repair under a ‘Jervis v Harris’ clause
specific performance

Claim for damages for disrepair during lease term

During the lease term, a damages claim for breach of the tenant’s repairing covenant may not be an effective route because:

where the Leasehold Property (Repairs) Act 1938 (LP(R)A 1938) applies (ie there is a fixed term of seven years or more, with three or more years remaining), and the tenant claims its protection, the court’s leave is required before the claim can be brought...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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