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Dilapidations Response Letter

A completed commercial dilapidations response addressing breaches, quantum, supersession and the section 18 cap.

Jurisdiction: England and Wales - completed fictional worked example

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# DILAPIDATIONS RESPONSE LETTER

Date: 22 December 2030

Parties: Harbour Retail Limited and Wessex Estates Limited

## 1. Purpose and parties

Harbour Retail Limited responds to Wessex Estates Limited's schedule dated 1 December 2030 for Unit 3, Riverside Parade, whose ten-year lease ended on 30 November 2030. This response is made under the RICS Dilapidations guidance and is open for negotiation without admission.

## 2. Facts, scope and terms

Harbour accepts that two ceiling tiles were damaged and that the rear service door requires repainting. It disputes the claimed replacement of the entire shopfront, alleging the schedule does not show breach beyond fair wear and that the lease required repair, not improvement.

## 3. Process and responsibilities

The tenant's surveyor notes that the landlord's redevelopment plans propose removal of the shopfront and reconfiguration of the unit. Those works may supersede some alleged breaches. Please provide planning documents, tender scope, programme and evidence that the claimed works were reasonably necessary.

## 4. Evidence, records and safeguards

The claimed £42,600 includes £18,000 for shopfront replacement, £9,800 for roof works, £6,300 for decoration, £4,500 professional fees and VAT. Harbour requests invoices or estimates and reserves challenge to causation, betterment, mitigation, VAT recovery and apportionment.

## 5. Review, escalation and outcome

Any damages are subject to section 18(1) of the Landlord and Tenant Act 1927: the cost cannot exceed the diminution in value and no damages are recoverable for works rendered valueless by demolition or reconstruction. Harbour seeks a joint inspection and proposes £7,500 in full and final settlement, subject to a release.

## 6. Reservations and practical protections

This offer is without prejudice save as to costs and is not an admission of liability. Harbour will preserve photographs, handover records, the lease, survey reports and landlord communications. The parties should meet within 14 days and exchange a quantified response.

## 7. England and Wales law and completion

England and Wales law applies. The response is served by email and recorded post as alternative permitted methods. Daniel Hughes, Director, signs for Harbour on 22 December 2030.

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