The Schedule of Dilapidation is a document which describes all breaches committed, the remedial work required and an estimated cost of rectifying these works. There are two types of Schedules of Dilapidation, a Terminal Schedule of Dilapidation which is served during the expiration or termination of the commercial Lease while the Interim Schedule of Dilapidation is served during the Lease period.
If the landlord suspects that breaches have occurred during the tenancy, they may appoint us as a Chartered Building Surveyor to inspect the property and prepare a Schedule of Dilapidation. The fee of the Schedule of Dilapidations is usually rechargeable to the tenants as stated in most leases.
Once the Tenant is served with a Schedule of Dilapidation, they can choose to use it to remedy the defects themselves or reimburse the Landlord with the proportionate sum during the settlement.
If you are a Tenant (Leaseholder) who was served with a Schedule of Dilapidation, we can assist by analysing the relevant documentation and undertaking settlement negotiations on your behalf. Please feel free to reach out to us.
If you are a landlord who wishes to serve an Interim or Terminal Schedule of Dilapidations then please feel free to contact us.
Is your tenants Lease coming to an end? We offer a Drone Roof Inspection which will allow us to obtain a clear photographic record of the roof condition and of areas which are not visible from the ground level. This will enable you to see any damage that has occurred over the years allowing us to add any repairs into the Schedule of Dilapidations. If you wish to book this in, please do not hesitate to contact us.
Additional Advice
The Dilapidation Protocol: Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the ‘Dilapidations Protocol’).
The RICS Dilapidations Consumer Guide: RICS Find a Surveyor – RICS Consumer Guide: Dilapidations.
Frequently Asked Questions
Is there minimum timeframe for the Landlord to serve the Tenant with a Schedule of Dilapidations?
The Dilapidations Protocol states that the Dilapidation claims should be responded to within a “reasonable timeframe” however this is usually 56 days after the receipt of the Schedule of Dilapidation.
What is a Dilapidation Protocol?
The Ministry of Justice Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (also known as the Dilapidation Protocol) is a guide to the process of the dilapidations claim and other related issues before the Landlord or Tenant decide to escalate matters to Court Proceedings.
As a landlord how will I benefit from the Schedule of Dilapidation?
The Schedule of Dilapidation will ensure that any breaches in the Lease clauses are rectified or compensated accordingly, ensuring your property is returned in an agreed condition.
To which extent will the property be inspected when preparing a Schedule of Dilapidation?
We inspect all parts of the property which are within the demise as per the Lease, which we will confirm during the pre-inspection stage by analysing the Lease.