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.
What is included in a Schedule of Dilapidations
- A reference number
- References to lease clauses or other documents pertaining to the alleged breach
- Details of relevant documents (Documents relevant to a dilapidation survey can be found here)
- The remedial work and the cost such works (if relevant)
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:
- The results of a competitive tender exercise (or any other relevant and recent tender pricing information)
- Price book data
- Invoices post-completion (if applicable)
- Advice from a Quantity Surveyor
- 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
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).
Contact us today to discuss breaches in lease covenants with respect to dilapidations and we will be glad to assist you.