Responding to a Schedule of Dilapidations: A Step-by-Step Guide for Tenants

Responding to a schedule of dilapidations is a critical process for commercial tenants nearing the end of a lease. A well-managed response can save your business significant costs, while a poorly handled one can lead to inflated claims and potential legal disputes.

This detailed guide outlines every stage of the process, from the moment you receive a schedule to final settlement, helping you navigate your obligations with clarity and confidence.

What Does Responding to a Schedule of Dilapidations Involve?

A schedule of dilapidations is a formal document issued by a landlord identifying alleged breaches of a tenant's lease obligations—usually relating to disrepair, reinstatement of alterations, or failure to redecorate.

When it comes to responding to a schedule of dilapidations, tenants need to :

Understand the scope of the claim

Assess the accuracy of the items listed

Determine whether they are actually liable

Negotiate a fair settlement or undertake necessary remedial works

There are different types of schedules that may be issued :

Interim Schedule – Served during the lease term

Terminal Schedule – Served towards lease expiry

Final Schedule – Served after the lease ends

Each has its own implications, but the approach to responding to a schedule of dilapidations follows similar principles.

Step-by-Step: Responding to a Schedule of Dilapidations

1. Act Promptly Upon Receipt

When responding to a schedule of dilapidations, timing is crucial. Ignoring the document or delaying action could lead to reduced options to mitigate or challenge the claim, and weakened legal positioning for instance.

2. Appoint a Specialist Dilapidations Surveyor

Engage a qualified dilapidations surveyor to review claims, interpret lease clauses, and lead negotiations. Their expertise can save significant time and costs.

3. Review the Lease Terms in Detail

Examine the lease agreement carefully. Focus on repairing obligations, reinstatement clauses, decoration terms, and any attached schedule of condition.

4. Inspect the Property Thoroughly

A property inspection, ideally with your surveyor, helps assess whether the claims are accurate, justified, or fall under normal wear and tear.

5. Create a Scott Schedule (Your Formal Response)

A Scott Schedule is used to formally respond to each item in the landlord’s claim, stating your position and any supporting evidence. It forms the foundation of your defence.

6. Assess Diminution in Value

Section 18(1) of the Landlord and Tenant Act 1927 limits a landlord’s recovery to the actual diminution in value caused by the disrepair. This can significantly reduce claims and should be explored with a valuation expert.

7. Consider Carrying Out the Works (If Lease Still Active)

If time and lease terms permit, undertaking some or all of the works yourself may be more cost-effective than settling based on the landlord’s inflated estimates.

8. Negotiate With the Landlord

Effective negotiation, led by your surveyor, can help reduce your liabilities. Engage on a without prejudice basis and be prepared with strong evidence.

9. Use Alternative Dispute Resolution (ADR) if Needed

If negotiations reach an impasse, also consider mediation or expert determination. ADR is often faster, less costly, and more flexible than litigation.

10. Settle or Prepare for Litigation

If no agreement is reached, prepare for court proceedings. Ensure your documentation is thorough and professional advice is in place.

Top Tips for Responding to a Schedule of Dilapidations

Don’t delay – early action gives you more control

Engage experts – the right team will save you money

Challenge everything – don’t accept the schedule at face value

Document your response – keep clear records of every step

Negotiate smartly – aim for fair settlement, not confrontation

Why Expert Advice Matters When Responding to a Schedule of Dilapidations

Responding to a schedule of dilapidations can be complex, particularly for tenants unfamiliar with the legal and technical aspects.

Hiring the right professionals—surveyors and property solicitors—can result in :

Reduced financial exposure

Accurate lease interpretation

Efficient negotiation or settlement

This approach ensures your response is both strategic and legally sound.

Need Help Responding to a Schedule of Dilapidations?

At Anstey Horne, we specialise in responding to schedules of dilapidations for tenants across the UK. Our team provides :

Lease analysis and strategic advice

Professional Scott Schedules

Skilled negotiation and dispute resolution

Conclusion: Responding to a Schedule of Dilapidations

Responding to a schedule of dilapidations doesn’t have to be a costly or stressful experience.

With the right guidance, you can meet your obligations, challenge excessive claims, and negotiate favourable outcomes.

Start early, seek expert advice, and document your process — these are the keys to success.

Related Resources

Understanding Lease Repair Obligations

The Role of a Dilapidations Surveyor Explained

Dilapidations Blog for further information on a range of Dilapidation topics

Contact

Our expert team have extensive experience of dealing with all dilapidations matters. We act for both landlords and tenants, ensuring a global approach to the dilapidations process.

We assist commercial landlords and tenants on all aspects of lease obligations, repair and dilapidations.

We provide specialist surveys, new lease schedules of condition and general dilapidations advice.

For any help or advice on repair obligations, Dilapidations issues; or to commission a schedule of condition for a new lease call us on 020 4534 3132 or contact one of the team :