Interim Schedule of Dilapidations

When an interim schedule is served

An interim schedule can be served at any point during the term where the lease and the circumstances justify it. Some landlords serve several years before expiry to give the tenant time to budget and carry out the works in stages. Others serve in response to a specific concern, such as a roof or building fabric deteriorating in a way that threatens the value of the reversion.

What an interim schedule usually contains

An interim schedule is typically set out as a table or structured document. It should be clear enough that the tenant can understand what is being alleged, why it is said to be a breach, and how the item links back to the lease.

• Each alleged breach, by element or location, with a clear description.
• Reference to the specific lease clause said to have been breached.
• The works required to remedy the alleged breach, described proportionately.
• Costs only where the lease mechanism or enforcement route makes them appropriate.
• Supporting notes and dated photographs recording the condition at the point of service.
• A structure grouped by building element — structure, roof, windows, internal finishes, decoration, and services.

Interim vs terminal schedules

The key difference is timing. The surveyor evidence is similar, but the practical context is different.

An interim schedule can give both sides time to understand the condition issues while the tenant is still in occupation. A terminal schedule usually comes when practical options are narrower.

Where legal advice is needed

A chartered building surveyor can inspect the premises, review the repairing obligations from a surveying perspective, prepare the schedule, and advise on the factual scope of alleged disrepair. The surveyor should not advise on the legal validity of notices, available remedies, or the effect of the Leasehold Property (Repairs) Act 1938.

Legal advice should be taken where a landlord or tenant is contemplating service of a notice, formal action, or a self-help route such as a Jervis v Harris clause. The 1938 Act is relevant to some during-term repair disputes, but its application depends on the lease and the remedy being considered. That assessment sits with solicitors.

How tenants should respond

A tenant who treats an interim schedule as a bluff risks losing control of the factual position. The sensible response is to separate surveyor questions from legal questions at the start.

• Treat the schedule as urgent, but do not treat it as a final account or a complete legal position.
• Read the lease before accepting the alleged breaches. Test each item against the repairing covenant and any schedule of condition that limits the obligation.
• Instruct a chartered building surveyor to inspect and test the factual basis of each alleged breach.
• Take legal advice if a notice has been served, if the landlord refers to the Leasehold Property (Repairs) Act 1938, or if legal action is being contemplated.
• Decide, on advice, whether to carry out the works, to challenge the schedule, or to negotiate a reduced scope.

How landlords should prepare

A strong interim schedule is not the broadest one. It is the one that records alleged breaches clearly, links them to the lease obligations, and avoids items that belong to the landlord refurbishment plan.

• Use the schedule to record alleged breaches against the lease obligations, not as a broad refurbishment specification.
• Take legal advice before serving any notice or relying on a self-help clause.
• Inspect while the tenant is in occupation and record the condition with dated photographs and notes.
• Tie the schedule to the contractual repairing obligation, not to a wish-list for refurbishment the tenant has no duty to fund.
• Keep a clear audit trail of inspection notes, photographs and correspondence.

Common mistakes on both sides

• Tenants treating the schedule as a bluff and losing the chance to shape the factual position.
• Landlords treating the schedule as legal advice rather than surveyor evidence.
• Serving an interim schedule without solicitor input where notices, the 1938 Act or self-help rights are in contemplation.
• Overstating scope so the schedule reads as a refurbishment specification rather than a list of contractual breaches.
• Leaving the inspection undated and unsupported, so the condition at the point of service cannot later be proved.