Dilapidations claims can be complex, sometimes leading to drawn-out disputes and inefficiencies. That’s why strong collaboration between lawyers and surveyors isn’t just helpful – it’s essential.

Over the past year, Hollis have seen just over 1,500 dilapidations cases, yet fewer than 0.5% progressed to formal legal proceedings. This strikingly low figure underscores a key point: when legal and building surveying professionals work together effectively, the Dilapidations Protocol and RICS Guidance Notes are followed, claims are more likely to be resolved swiftly and cost-efficiently, reducing the risk to landlords and tenants alike.

In this piece, we explore the key strategies that parties can implement to advance stalled disputes, focusing particularly on end of term scenarios, and highlighting the communication and diversifying approaches, timing, landlord responsibilities, alternative dispute resolution (ADR) methods and what role Hollis can play in facilitating smooth negotiations and settlements.

Optimise Timing for Maximum Efficiency

Timing is a crucial element to minimise risks and mitigate unforeseen costs. Appointing surveyors and solicitors 12 to 18 months prior to lease events enables sufficient time to inspect, assess, and perform legal groundwork and prepare. Ensuring issues are identified and addressed well before the lease expires or break events occur.

This early, proactive approach helps avoid drawn-out disputes and keep costs to a minimum. By appointing professionals prior to these lease events, you can reduce the risk of complications, such as complex break scenarios or m large or unexpected damages claims. When surveyors and solicitors work together during this crucial window, the entire process becomes smoother and more efficient.

Importance of Communication and diversifying methods

Effective communication is vital for resolving dilapidations claims, as many delays can often arise from the failure to escalate unresolved issues. Surveyors should promptly involve solicitors on the matters that require legal intervention, whilst solicitors should leverage formal channels to address disputes.

When a dilapidations claim stalls, how you communicate can make all the difference. Some landlords or tenants respond better to a quick phone call, while others prefer a face-to-face discussion to build trust, a custom which is encouraged by the Dilapidations Protocol, but all too often can be overlooked. Adapting your approach and following Pre-Action guidelines keeps communication, and momentum, flowing and helps avoid unnecessary delays.

A main point of contact, such as a building surveyor or solicitor, is also vital to guide one’s appointing party through the process holistically. This individual should be sufficiently experienced and capable of leading by combining all the advice gathered into a clear plan and an agreed strategy. They should also understand the desired achievements and assist the team in working towards these goals.

To keep matters on track, communication should be proactive and well-coordinated. Regular check-ins, shared updates, and open access to documents help the team stay aligned. Transparent collaboration between surveyors and solicitors speeds up claim resolution and minimises costs.

Identify blockers to overcome obstacles early

Whether it’s dealing with a technical surveying issue rooted in differing professional opinions such as disrepair, and repair methods, or addressing a legal matter involving the interpretation of lease or license documents, requiring input from a solicitor or counsel, it is crucial for surveyor(s) to ‘identify the blockers’ and resolve this issue as swiftly as possible.

Surveyor(s) on both sides should narrow the points of contention and determine where additional professional expertise is required. By doing so, they can effectively address the underlying issues and facilitate more accurate and efficient resolutions.

Landlord’s Responsibility in Proving Dilapidation Claims

One of the biggest challenges in dilapidations disputes is landlords struggling to substantiate their claims, prove their loss or tenants being unresponsive. Parties should always aim to comply with Pre-Action guidance. Under Pre-Action guidance, the burden of proof at common law lies with the landlord making the claim, who must clearly quantify their loss with detailed documentation. Without this, claims risk stalling. Likewise, tenants must support their defences with evidence if they dispute any part of the claim.

Surveyors can support their respective parties by preparing comprehensive schedules of dilapidations, detailing a breakdown of the issues and consequential losses, while solicitors can ensure any legal arguments are backed by solid evidence. By collaborating to present an organised case, the team, on either side, can improve the likelihood of resolution without the need for costly litigation.

Beyond the Courtroom: How Alternative Dispute Resolution (ADR) and other methods can unlock obstructed claims

When traditional methods of negotiations stall, alternative dispute resolution (ADR) offers a potential solution to any deadlock. ADR presents a number of flexible approaches that help resolve disputes effectively – often without the cost and complexity of going to court.

A few of the most common forms of ADR processes:

• Adjudication
• Mediation
• Arbitration
• Early neutral evaluation and
• Expert determination.

Depending on the method, ADR can offer a collaborative, cost-effective, and flexible route to settlement – giving parties greater control. Some forms, like expert determination, also provide a private forum ideal for resolving technical rather than legal disputes.

There are various methods to resolve a stalemate, and surveyors and solicitors are there to comply with Pre-Action protocols and RICS guidance notes.

Depending upon the circumstances and following the exhaustion of other options, another potential solution could involve encouraging principals to communicate directly in order to address any significant sticking points or the overall quantum.

Solicitors and surveyors play a key role in facilitating these processes. By guiding clients through their options and encouraging constructive engagement, they help turn deadlocks into practical solutions.

Our in-house barrister, Nicholas Dowding KC, commented:

“When a dispute stalls, early neutral evaluation, expert determination, or arbitration by a third-party professional can offer the clarity needed to move forward. It doesn’t have to cover the entire claim, resolving a single major issue can unlock progress.

Binding outcomes from expert determination or arbitration, or the persuasive weight of early evaluation, can shift negotiations. A realistic Part 36 offer, framed to make the other side seriously reconsider their position, can shift the costs risk and encourage settlement.  

I once saw substantial dilapidations claim resolved in twenty minutes when my client spoke directly to their opposite number, after months of impasse. Sometimes, a direct conversation achieves more than months of correspondence.”

How can we help?

At Hollis, we’re recognised as leaders in dilapidations, with a commercial mindset and a pragmatic, proactive approach. Together with MEP engineering service and legal counsel, we deal with more than 1,500 instructions a year, and our role goes beyond problem-solving. We create solutions that enable you to plan for a better outcome.

We assist landlords and tenants with dilapidation services, including liability assessments, break scenarios and strategic advice, and can engage well in advance of lease expiration to ensure smooth negotiations and resolutions. With our truly integrated approach, we work with our in-house specialist teams, to provide the necessary expertise and strategy for both landlords and tenants.

Get in touch with our Head of Dilapidations, Alistair Cooper, for advice and guidance on all forms of dilapidations disputes together with strategic exit plans and break scenarios.