Interim, terminal and Scott Schedules
An interim schedule is served during the term and is usually backed by a repair notice and a right of entry, or by a Jervis v Harris clause allowing the landlord to do the work and recover the cost as a debt. A terminal schedule is served near or after lease end and is a damages claim, capped by Section 18(1) of the Landlord and Tenant Act 1927.
Where a claim goes to litigation the schedule is recast as a Scott Schedule — landlord's item, landlord's cost, tenant's response, tenant's cost, and the court's finding. Preparing your response in that format early keeps the negotiation disciplined.
The Dilapidations Protocol
The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property requires the schedule and Quantified Demand to be served promptly, endorsed by a surveyor confirming the works genuinely reflect the tenant's liability, and answered within a reasonable period, normally 56 days. Protocol failures carry costs consequences and are worth identifying at the outset.
How claims are reduced
Opening claims are routinely two to five times the settled figure. The reductions come from evidence, not argument.
- Items that are not breaches — fair wear and tear, pre-existing defects, or work beyond the covenant
- Betterment: replacement specified where repair would discharge the obligation
- Reinstatement items where the landlord licensed the alterations or never required reinstatement
- Supersession — works made pointless by the landlord's own refurbishment or redevelopment
- Section 18(1) diminution cap: damages limited to the fall in the value of the reversion
- Loss of rent and fees claimed for a period the landlord would never have relet in any event
Common questions
What is a schedule of dilapidations?
An itemised list of alleged breaches of a tenant's repair, decoration, reinstatement and statutory covenants, with costs attached, served by the landlord or the landlord's surveyor.
How long do I have to respond to a schedule of dilapidations?
Under the Dilapidations Protocol a tenant is normally expected to respond within 56 days of the Quantified Demand. Extensions are common but should be agreed in writing.
Can I be forced to pay the full amount on the schedule?
No. A terminal claim is damages, capped by Section 18(1) at the diminution in the value of the landlord's reversion, and every item still has to be proved as a breach with a reasonable cost.
What is a Quantified Demand?
The Protocol document that sets out the landlord's money claim — the schedule costs plus loss of rent, rates, insurance, service charge and professional fees for the notional works period.
Do I need my own surveyor for a dilapidations claim?
Almost always. The landlord's schedule is endorsed by their surveyor; an unanswered schedule tends to settle near the asking figure, and independent advice usually costs a fraction of the reduction achieved.
What is supersession in dilapidations?
Where the landlord's own works — refurbishment, reconfiguration or redevelopment — would have rendered the tenant's repair work pointless, the cost of that work is not recoverable.
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Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.
chris@mcgarrigle.comRelated guides
- Commercial Dilapidations Surveyor for TenantsTenant-side commercial dilapidations advice from an MRICS chartered surveyor: schedules, quantified demands, the Section 18 cap, the Protocol, Scott Schedules and settlement.
- Section 18 ValuationSection 18(1) of the Landlord and Tenant Act 1927 caps dilapidations damages at the diminution in the value of the reversion. How the valuation works.
- Commercial Lease ExpiryWhat to do before a commercial lease expires: renewal rights, break notices, dilapidations exposure, reinstatement and exit planning.