The Schedule of Dilapidations: How to Prepare One
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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The schedule of dilapidations is the document that lists every breach and what it will cost to put right. It is the backbone of a dilapidations claim.
What it contains
A schedule sets out, item by item, the breach (the disrepair, missing decoration, or alteration to be reinstated), the relevant lease clause, the remedy, and the estimated cost. It is prepared by a chartered building surveyor who inspects the property against the lease.
Interim vs terminal schedules
- An interim schedule is served during the term where disrepair is serious.
- A terminal schedule is served at or near the end of the lease and covers the full extent of the breaches, including reinstatement of tenant alterations.
Timing
For a terminal claim, good practice under the pre-action protocol is to serve the schedule within a reasonable time, often within 56 days of the lease ending, so the tenant can respond while the evidence is fresh. See the pre-action protocol.
Turning it into a claim
The schedule is usually accompanied by a quantified demand setting out the sum claimed. Remember the recoverable amount is capped by section 18, so a large schedule does not always mean a large recovery. Use a surveyor experienced in dilapidations to prepare it.
Who prepares a schedule of dilapidations?
A chartered building surveyor, who inspects the property against the lease and lists each breach, the remedy and the estimated cost.
When should a terminal schedule be served?
Under the pre-action protocol, good practice is to serve it within about 56 days of the lease ending.
