Dilapidation

In the eye of the law an incumbent of a living is a tenant for life of his benefice, and any waste, voluntary or permissive, on his part must be made good by his administrators to his successor in office.

657) it was said that the court was acquainted with no precedent or decision extending the liability of the executors of a deceased incumbent to any species of waste beyond dilapidation of the house, chancel or other buildings or fences of the benefice.

Landlords have the ability to serve a schedule of dilapidations on a tenant either during or more commonly at the end of the lease, itemising the breaches of covenant.

[3] Dilapidations occur primarily at the end of a lease, and often disputes arise between landlords and tenants as to their extent, and in order to reach a conclusion this inevitably leads to an appraisal of past case law which stems over 100 years.

[4] Most dilapidations are settled by negotiation, but other methods exist in demonstrating loss suffered by a landlord such as a diminution valuation.

[5] The Royal Institution of Chartered Surveyors produces a guidance note on dealing with dilapidations claims and this is currently in its sixth edition.