Schedule of dilapidations preparation

Interim schedules are served during the term of the lease, typically where the landlord is concerned about deterioration during the tenancy and wants the tenant to remedy breaches in real time. They are less common than terminal schedules but can be powerful where used at the right point in the term.

Terminal schedules are served at, or shortly after, lease expiry and form the basis of the end-of-lease claim. The terminal schedule is by far the more common instrument and the focus of most landlord-side dilapidations work.

A schedule that will progress cleanly through the Pre-Action Protocol contains, item by item:

• The location, element and nature of the alleged breach
• The relevant clause of the lease that is said to be breached
• The remedial works required to comply with the covenant
• The cost of those works, supported by rates or quotations
• Photographic evidence cross-referenced to each item
• Any reinstatement and decoration items, separately identified

Schedules are served per the notice provisions of the lease. Once served, the Pre-Action Protocol for Dilapidations Claims sets out the timing and content of the landlord's quantified demand and the tenant's response. We prepare schedules with the Protocol path in mind from day one.