Landlord’s Notice to Repair Dilapidations: A Practical Guide

Notice by Landlord to Repair Dilapidations

To

AB (Tenant)

Re: Premises No. ……………

Dear Sir

Please take notice that in pursuance of the covenant contained in a deed of lease dated the …………… day of ……… 2000 and made between you, of the one part, and myself, of the other part [or, of cl. (m)] of s. 108 of the Transfer of Property Act (in the absence of any such agreement) I hereby give you notice to keep and maintain the above premises wind and watertight and in good and substantial repair and condition and in particular to execute the several repairs mentioned in the schedule hereto. You have violated the said covenant by not having the said repairs done so far.

Please take further notice that if you continue to make default or fail to remedy such breach of conditions in the manner above-mentioned within ……… days, I shall exercise my right of re-entry into the said premises in accordance with the said covenant and execute the said works at your costs and expenses as therein provided.

Schedule above referred to

Yours faithfully

Date                                                                 CD (Landlord)

 

Introduction

A landlord’s notice to repair dilapidations ensures tenants maintain rental properties. This guide explains its purpose and process.

As a property law consultant with 10 years of experience, I clarify legal obligations for landlords and tenants.

Understanding dilapidations helps avoid disputes, ensuring properties remain safe and compliant with lease agreements.

What Are Dilapidations?

Dilapidations refer to a tenant’s failure to maintain or repair a property as required by the lease.

They include issues like broken windows, damaged walls, or neglected maintenance, impacting property value or safety.

Landlords issue repair notices to enforce lease terms, protecting their investment and ensuring habitability.

Legal Basis for Repair Notices

In many jurisdictions, leases require tenants to keep properties in good condition, excluding normal wear and tear.

For example, the UK’s Landlord and Tenant Act 1985 allows landlords to demand repairs for tenant-caused damage.

Notices must specify issues, repair deadlines, and potential consequences, ensuring clarity and legal compliance.

Key Components of a Repair Notice

A valid notice to repair dilapidations must be clear and legally sound. Essential elements include:

  • Detailed Description: Specify damages, like “cracked kitchen tiles” or “leaking roof,” with photos if possible.
  • Repair Timeline: Provide a reasonable period, typically 14–30 days, based on local laws.
  • Consequences: Outline outcomes, such as landlord repairs at tenant’s expense or lease termination.

Process for Issuing a Notice

Landlords must follow proper procedures to issue a repair notice effectively. Steps include:

  1. Inspect Property: Document dilapidations during routine inspections, noting specific issues and their extent.
  2. Draft Notice: Use clear language, referencing lease clauses and legal requirements for repairs.
  3. Serve Notice: Deliver via certified mail or in-person, ensuring proof of receipt per local regulations.

Tenant Responsibilities

Tenants must address dilapidations promptly to avoid penalties. Responsibilities include:

  • Timely Repairs: Fix issues within the notice period, hiring professionals if needed for complex damages.
  • Notify Landlord: Inform the landlord of completed repairs, providing evidence like receipts or photos.
  • Seek Clarity: Request clarification if the notice is vague, preventing misunderstandings or disputes.

Common Issues and Resolutions

Disputes often arise over what constitutes dilapidations versus normal wear. For instance, faded paint isn’t typically tenant responsibility.

In 2024, UK courts resolved 65% of dilapidation disputes through mediation, per the Royal Institution of Chartered Surveyors.

Tenants can challenge unfair notices by consulting legal aid or referencing lease terms for clarity.

Legal Protections and Resources

Landlords and tenants are protected by laws ensuring fair treatment. Resources include:

  1. Government Websites: Check gov.uk for UK landlord-tenant laws.
  2. Legal Aid: Organizations like citizensadvice.org.uk offer free guidance.
  3. Professional Advice: Consult property lawyers for complex disputes or lease interpretations.

Conclusion

A landlord’s notice to repair dilapidations ensures property maintenance and lease compliance. Clear communication prevents disputes.

This guide draws on my expertise and sources like RICS and UK government sites, accurate as of June 2025.