What are dilapidations

Dilapidations refers to the deterioration or damage to a rental property during a tenancy that goes beyond fair wear and tear. In the context of deposit disputes, dilapidations are the specific items of disrepair or damage that a landlord relies on to justify deductions from your deposit.

When your landlord wants to make deductions from your deposit at the end of your tenancy, the specific issues they point to are often described as "dilapidations". This can include things like holes in walls, broken fixtures, stained carpets, or damaged appliances, provided the deterioration goes beyond what would be expected from normal everyday use.

The key distinction is between dilapidations and fair wear and tear. Fair wear and tear is the landlord's responsibility, whereas dilapidations are the tenant's responsibility, but only to the extent that the damage exceeds normal use and only subject to apportionment for the age and condition of the item at the start of the tenancy.

In a deposit dispute, the landlord must prove that specific dilapidations exist, that they were caused during your tenancy (not pre-existing), and that the cost claimed is reasonable and doesn't constitute betterment. Your move-in and move-out documentation is the evidence that determines whether the landlord's claims hold up.

Frequently asked questions

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Are dilapidations the same as damage?

Broadly, yes. In a residential tenancy context, dilapidations refers to any deterioration or damage beyond fair wear and tear. The term is more commonly used in commercial property, but it appears in some residential deposit disputes as well.
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Who decides what counts as dilapidations?

In a deposit dispute, the independent adjudicator at the deposit protection scheme makes the final determination. They assess the evidence from both parties and decide which items constitute genuine dilapidations and what deductions are reasonable.
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Can my landlord claim for dilapidations that were already there when I moved in?

No, if the damage existed before your tenancy, it's not your responsibility. This is why move-in evidence is essential; timestamped photos from the start of the tenancy can prove that specific issues were pre-existing.
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