When interim schedules are used
The most common scenarios are:
- Substantial unexpired term remaining (typically 3+ years)
- Active, ongoing deterioration evident on inspection
- Tenant covenant strength is in question
- Risk of the property falling materially out of repair before expiry
What an interim schedule contains
The structure mirrors a terminal schedule, item by item, lease clause, breach, remedial works and cost, but typically focuses on items where ongoing deterioration is the primary concern. Reinstatement items are usually deferred to the terminal schedule.
What the landlord is looking for
An interim schedule is generally aimed at compelling the tenant to undertake remedial works rather than at recovering damages. Damages during the term are limited by what the landlord can show is the actual loss to the reversion, and by the 1938 Act where it applies.