What is an Interim Schedule of Dilapidations?
An Interim Schedule — formally a notice under Section 146 of the Law of Property Act 1925 — is a statutory notice served on a tenant who is in breach of their lease covenants. For breaches of repairing obligations, this notice is a legal prerequisite before you can pursue forfeiture of the lease.
The notice must:
- Specify the breach complained of
- Require the tenant to remedy the breach (if capable of remedy)
- Require the tenant to pay compensation (if appropriate)
For repair breaches specifically, the Leasehold Property (Repairs) Act 1938 adds additional requirements, including giving the tenant the right to serve a counter-notice and claim the protection of the court.
This is serious legal territory. A Repairs Notice isn’t just a formal letter — it’s a statutory document with specific requirements that, if not met, can invalidate subsequent proceedings. Have us prepare it — a notice that doesn’t comply is worse than no notice at all.
When is an Interim Schedule appropriate?
Serious breaches
An Interim Schedule is for significant failures, not minor maintenance issues. Think structural neglect, serious water ingress, roof failures, or persistent refusal to maintain — situations where the property is genuinely at risk.
Failed informal approaches
You’ve tried raising concerns informally. You may have served a repairs notice. The tenant hasn’t responded adequately. Escalation is now appropriate.
Forfeiture is a genuine option
An Interim Schedule is the precursor to forfeiture proceedings. You should only serve one if you’re genuinely prepared to forfeit the lease if the tenant doesn’t comply. If forfeiture isn’t realistic (because of the tenant’s value, the lease terms, or commercial considerations), the notice loses its power.
The lease supports it
Not all leases allow forfeiture for repair breaches, or they may have specific notice requirements. The lease terms must be checked before proceeding.
What we do
Our role is providing the technical evidence that supports an effective Interim Schedule. The notice itself is a legal document typically prepared by your solicitor — but it needs professional surveyor input to be effective.
- 01
Inspection and documentation
We inspect the property and document every breach of the repairing covenants:
- Detailed written descriptions
- Comprehensive photography
- Reference to specific lease clauses
- Assessment of severity and urgency
This creates the evidential foundation for the notice.
- 02
Schedule preparation
We prepare a formal schedule of breaches that accompanies the Section 146 notice. This schedule:
- Specifies each breach clearly
- Provides evidence of the breach
- Demonstrates the breach is material and serious
- Supports the landlord’s case if challenged
- 03
Cost assessment
We assess the cost of remedying each breach. This quantifies the claim and demonstrates the seriousness of the tenant’s failure.
- 04
Expert support
If the tenant serves a counter-notice (claiming protection under the 1938 Act) and the matter proceeds to court, we can provide expert evidence supporting your position.
- 05
Coordination with your solicitor
We work with your legal team, providing the technical input they need to prepare an effective notice. The surveyor and solicitor roles are complementary — we provide the building expertise, they provide the legal framework.
The legal framework
Section 146, Law of Property Act 1925
This requires landlords to serve notice before forfeiting for breach of covenant (other than non-payment of rent). The notice must specify the breach and give the tenant opportunity to remedy it.
Leasehold Property (Repairs) Act 1938
For leases originally granted for seven years or more with at least three years unexpired, this Act gives tenants additional protection. The notice must inform the tenant of their right to serve a counter-notice within 28 days. If they do, the landlord cannot proceed without leave of the court.
The court’s discretion
Even with a valid notice, forfeiture isn’t automatic. The court has discretion and will consider whether forfeiture is proportionate. Your evidence needs to demonstrate that the breaches are serious and the tenant’s failure to remedy is unreasonable.
What happens after the notice is served
Tenant remedies the breaches
The best outcome — the tenant carries out the required works within the time specified. The notice has achieved its purpose. We can re-inspect to verify compliance.
Tenant serves counter-notice
Under the 1938 Act, the tenant can claim the court’s protection. You then need leave of the court to proceed. This is where strong evidence matters — the court will assess whether forfeiture is justified.
Tenant does nothing
If the tenant neither remedies nor serves a counter-notice, and the time period expires, you may be able to proceed to forfeiture. Your solicitor will advise on the process.
Negotiated settlement
Often, the notice prompts serious negotiation. The tenant may offer to carry out works to an agreed programme, or to settle financially. This may be acceptable depending on circumstances.
Repairs Notice vs Interim Schedule
| | Repairs Notice | Interim Schedule (Section 146) | | --- | --- | --- | | Legal status | Contractual document | Statutory notice | | Purpose | Document breaches, prompt action | Prerequisite to forfeiture | | Consequence of ignoring | Strengthens terminal claim | May lead to loss of lease | | Tenant rights | Can dispute or ignore | Right to counter-notice and court protection | | Typical use | First step, ongoing management | Escalation for serious breaches | | Who prepares | Surveyor | Solicitor (with surveyor input) |
A repairs notice is usually served first. An Interim Schedule is escalation when the repairs notice hasn’t worked and the situation is serious enough to warrant potential forfeiture.
The risks of getting it wrong
Invalid notice
If the notice doesn’t comply with statutory requirements, it’s invalid. Forfeiture proceedings based on an invalid notice will fail, and you’ll have to start again — with the tenant now alert to your intentions.
Waiver of breach
Certain actions by the landlord (like accepting rent after knowledge of the breach) can waive the right to forfeit. Timing and conduct matter. Your solicitor will advise.
Disproportionate response
If the court considers forfeiture disproportionate to the breach, it won’t grant relief. The evidence needs to support the seriousness of your claim.
Tenant’s relief from forfeiture
Even if you succeed, tenants can apply for relief from forfeiture. The court may grant this if the tenant remedies the breach and the situation, compensates you, and forfeiture would be unduly harsh.
What you get from us
- Comprehensive breach documentation — Every repair failure recorded with evidence
- Professional schedule — Formal document suitable for attachment to Section 146 notice
- Cost quantification — Assessment of remedy costs
- Expert support — Assistance through any subsequent proceedings
- Coordination — Working effectively with your solicitor
Is forfeiture the right approach?
Forfeiture is a nuclear option. It ends the lease, removes the tenant, and can be commercially disruptive. Before pursuing this route, consider:
- Is the tenant otherwise valuable? (Paying rent, long-term relationship)
- What’s the re-letting market like?
- Are the breaches genuinely serious enough?
- Would a financial settlement achieve your objectives?
An Interim Schedule is powerful precisely because it threatens forfeiture. But the threat only works if it’s credible — and sometimes the commercial answer is agreement, not eviction.
We can advise on whether the evidence supports an Interim Schedule and discuss the options with you and your solicitor.
Related services
Before escalating:
- Repairs Notices for Landlords — Often the first step before a Repairs Notice
At lease end:
- Dilapidations for Landlords — Terminal claim when the lease expires
If remedial works are agreed:
- Contract Administration — Managing works the tenant agrees to carry out
FAQs
Do I need a solicitor for an Interim Schedule?
Yes. The notice is a legal document with specific statutory requirements. We provide the technical evidence; your solicitor prepares and serves the notice.
Can I forfeit without serving an interim schedule?
No — for repair breaches, Section 146 notice is a statutory prerequisite to forfeiture (except in very limited circumstances).
What if my lease is less than seven years?
The 1938 Act protections may not apply, which simplifies the process. But Section 146 requirements still apply. Your solicitor will advise on your specific lease.
How long does the tenant have to remedy?
The notice must give “reasonable time” — what’s reasonable depends on the extent of the works required. This is a judgment call, and getting it wrong can invalidate the notice.
What if the tenant pays rent after I serve the notice?
Accepting rent with knowledge of the breach can waive your right to forfeit. Discuss this with your solicitor before the notice is served — there are ways to manage this risk.