Terminal vs Interim Dilapidations: What’s the Difference?
- Terminal dilapidations are dealt with at or after the end of the lease.
- Interim dilapidations are pursued during the term, while the lease is still running.
- The Section 18 cap applies to terminal dilapidations damages; interim claims work differently.
- On longer leases, the Leasehold Property (Repairs) Act 1938 can restrict a landlord’s interim claim.
"Dilapidations" usually brings lease end to mind, but claims can arise during a lease too. The difference between terminal and interim dilapidations is really about timing, and that timing changes the remedies available and how each side plays it. Here is what separates them.
Two kinds of dilapidations
Both terminal and interim dilapidations concern the tenant's obligations for the physical state of the property. The difference is when they are dealt with: terminal at the end of the lease, interim during it. That timing has real consequences for the remedies available.
Terminal dilapidations (at or after lease end)
Terminal dilapidations are the classic scenario: the lease ends, the landlord serves a Schedule of Dilapidations and a quantified demand, and the parties negotiate under the Dilapidations Protocol. Damages are capped by Section 18 of the Landlord and Tenant Act 1927. Our dilapidations guide walks through this in full.
Interim dilapidations (during the term)
Interim dilapidations arise while the lease is still running, where a landlord wants the tenant to remedy breaches now rather than wait. The remedies differ: a landlord may seek to compel works, and on leases originally granted for seven years or more with at least three years unexpired, the Leasehold Property (Repairs) Act 1938 can restrict a claim for damages or forfeiture without the court's leave.
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The key differences
| Terminal | Interim | |
|---|---|---|
| When | At or after lease end | During the term |
| Typical remedy | Damages (money) | Compelling works; sometimes damages |
| Section 18 cap | Applies to the damages | Works differently |
| 1938 Act | Not relevant | Can restrict claims on longer leases |
What it means for you
If you are approaching lease end, you are in terminal territory, and the priority is a proper response to the schedule. If a landlord is raising repairs mid-term, the tactics and defences are different, and early advice matters even more. Either way, a dilapidations-experienced surveyor is who you want.
Getting the right advice
ComSurv matches you with RICS-qualified surveyors experienced in both terminal and interim dilapidations. You can check regulation via RICS Find a Surveyor.
Sources & further reading
- RICS: Dilapidations in England and Wales (consumer guide) — RICS overview of dilapidations
- Section 18, Landlord and Tenant Act 1927 — the cap on terminal dilapidations damages
- Leasehold Property (Repairs) Act 1938 — restricts certain interim claims on longer leases
- RICS Find a Surveyor — RICS-regulated dilapidations surveyors
External links open in a new tab. ComSurv is a matching service, not a firm of surveyors, and is not affiliated with these organisations. This article is general information, not legal, surveying or valuation advice; take advice on your specific situation.
