Schedule of Dilapidations

A schedule of dilapidations assists in making a dilapidations claim. Dilapidations are breaches of lease covenants and a dilapidation schedule is a prescribed format of said dilapidations.

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What is included in a Schedule of Dilapidations

Note: If the appropriate remedial action is damages then a schedule of dilapidations should be costed.

The schedule of dilapidations might also be costed at the request of the parties. 

Costing a Schedule of Dilapidations

Cost information can be sourced reliably and appropriately through a number of possible routes:

  1. The results of a competitive tender exercise (or any other relevant and recent tender pricing information)
  2. Price book data 
  3. Invoices post-completion (if applicable)
  4. Advice from a Quantity Surveyor
  5. Consultation with a relevant professional contractor based on a full specification of works

A costed Schedule of Dilapidations should enable full understanding of the specification of works required to take full remedial action.

Serving a Schedule of Dilapidations

The claimant's solicitor usually serves the Schedule of Dilapidations where legal and statutory formalities apply. Where formal services is not necessary then the landlord's surveyor might send the Schedule of Dilapidations on the clients behalf. In such cases the client should be advised that their solicitors service is not required. 

Confirmation should be obtained from the client as to whether the the Schedule of Dilapidations has been received.

Example Schedule of Dilapidations

Click here to see the RICS issued examples of Schedule of Dilapidations. The full RICS Dilapidations Guidance notes can be found here.

You may also want to know about Scott Schedules, which is a special Schedule of Dilapidations allowing for each party to negotiate each item towards settlement.

Example Scott Schedule of Dilapidations

A Scott schedule contains the views of the building surveyor employed by the tenant on each item states as a breach of lease. It enables discussion on each specific breach with the end goal being to reach settlement  as a form of alternative dispute resolution (i.e. outside of court). 

Click here to see the RICS issued example of a Scott Schedule. Full RICS Dilapidations Guidance here.

 

Related Articles

Cost of a Schedule of Dilapidations here

What is a dilapidations survey?

Getting a dilapidation survey done.

 

Contact us today to discuss breaches in lease covenants with respect to dilapidations and we will be glad to assist you.