What is a Repairs Notice?
A repairs notice is a formal schedule of breaches served on your tenant during the lease term, rather than at or after lease expiry. It itemises the ways in which your tenant is failing to meet their lease obligations — typically repair, external decoration, and statutory compliance requirements.
Unlike a Terminal Schedule (served at lease end), a repairs notice isn’t seeking final settlement. It’s a formal notice that says: “You’re in breach. Here’s what’s wrong. You need to address it.”
The notice creates a documented record of the tenant’s failures at a specific point in time. This has value whether the tenant acts on it or not. Let us prepare and serve it so it holds up if the matter ever escalates.
Why serve a Repairs Notice?
Prompt tenant action
Some tenants simply need formal notification that they’re in breach. They may not realise the extent of deterioration, or they may have been hoping you wouldn’t notice. A professional notice, properly prepared and served, often prompts remedial action. This is also a softer approach that drives action from the tenant, whilst not risking forfeiture of the lease.
Prevent further deterioration
Building problems compound. The minor leak becomes structural damage. The worn decoration becomes a complete refurbishment requirement. Early intervention can prevent small issues becoming expensive ones.
Create a formal record
If the tenant doesn’t act, you have documented evidence of their breach at a specific date. The notice identifies a specific time period for the tenant to remedy the breach within, after which point you as the landlord can step in to complete the works and charge the tenant back for the costs.
Support other enforcement
If the situation escalates and you choose to serve a formal Interim Schedule of Dilapidations under Section 146 of the Law of Property Act 1925, the Repairs Notice provides the evidential foundation for that notice.
When to serve a repairs notice
Long leases with ongoing deterioration
If the lease has five or more years to run and you’re seeing progressive decline, a repairs notice addresses the problem rather than letting it worsen.
Significant breaches developing
When specific issues are becoming serious — roof problems, water ingress, structural concerns — early action protects the building and your investment.
Tenant unresponsive to informal approaches
If you’ve raised concerns informally and the tenant hasn’t acted, you have the right to step in and complete the works at the tenant’s cost. Alternatively, a formal Interim schedule changes the dynamic. It’s harder to ignore a professional document served through proper channels.
Strategic positioning
Even without immediate urgency, a repairs notice mid-way through a lease creates a documented baseline that strengthens your terminal position.
Before considering forfeiture
If the situation is serious enough that you’re contemplating forfeiture proceedings, a repairs notice (and potentially an Interim Schedule of DIlapidations) is part of the formal process.
What we do
- 01
Lease analysis
We review the lease to understand your tenant’s specific obligations:
- What repair standard is required?
- What decoration obligations exist that is claimable under a repairs notice?
- Are there specific maintenance requirements?
- What notice provisions apply?
The notice must be grounded in the actual lease terms, not generic expectations.
- 02
Inspection
We inspect the property against the lease requirements, documenting:
- Repair defects and failures
- Decoration deterioration if claimable
- Maintenance neglected
- Any other breaches of condition-related covenants
We record everything with descriptions and photographs, creating evidence that will stand up to scrutiny.
- 03
Notice preparation
We prepare a repairs notice:
- Each breach itemised and described
- Reference to the relevant lease clause
- Photographic evidence
- Assessment of required remediation
The notice is not to the same professional standard as an interim or terminal schedule — it’s an informal document backed up by the tenant’s obligations under the lease.
- 04
Costing (optional)
Depending on your objectives, we can include costs for each item. This quantifies the breach and makes clear the financial implications of continued non-compliance.
- 05
Service
The notice is served on your tenant in accordance with the lease’s notice provisions, usually by way of a solicitor’s letter, ensuring it’s properly delivered and documented.
- 06
Follow-up
We advise on next steps based on the tenant’s response — or lack of response. Options include:
- Monitoring whether remedial works are carried out
- Re-inspection after a reasonable period
- Escalation to an Interim Schedule if appropriate
- Step in to complete the works and seek to recover costs from the tenant
What you get
- Professional repairs notice — A document itemising all breaches
- Photographic evidence — Visual record of condition at the time of inspection
- Lease-referenced claims — Each item tied to specific lease obligations
- Strategic advice — Guidance on timing, service, and follow-up
- Foundation for enforcement — Evidence base for escalation if required
The tenant’s likely response
Tenants respond to repairs notices in different ways:
Remediation
The best outcome — the tenant carries out the required works. You should re-inspect to verify the works are adequate.
Negotiation
The tenant may dispute some items or seek to agree a programme of works over time. This can be acceptable depending on circumstances.
Partial action
Some items addressed, others ignored. You’ll need to decide whether to accept this or push for full compliance.
Ignoring it
Some tenants ignore repairs notices, calculating that you won’t take further action. This is where the notice’s value as a documented record becomes important — it supports escalation if you choose that route or the right to complete the remedial works yourself at the tenant’s cost.
Repairs notices vs terminal schedules
| | Repairs Notice | Terminal Schedule | | --- | --- | --- | | When served | During the lease term | At or after lease expiry | | Purpose | Prompt action, create record | Seek settlement or compensation | | Outcome sought | Remediation or documentation | Payment or works | | Claim for costs | Usually not (tenant still has time to remedy) | Yes — quantified claim for damages | | Legal context | Contractual notice | Often leads to negotiation or dispute |
A repairs notice is a tool for managing the lease relationship. A terminal schedule is a claim for compensation.
Escalation: when repairs notices aren’t enough
If a repairs notice doesn’t prompt action, you don’t have the funds to undertake the works yourself (even if recoverable) and the breaches are serious, you may need to escalate. The next step would be serving a formal Interim Schedule of Dilapidations under Section 146 of the Law of Property Act 1925 — a statutory document that’s a prerequisite to forfeiture proceedings.
We can advise on whether escalation is appropriate and prepare the technical evidence to support an Interim Schedule if you and your solicitor decide to pursue that route.
Learn more about Interim Schedules of Dilapidations for Landlords
Related services
At lease start:
- Schedules of Condition for Landlords — Document condition at the outset to establish the baseline
If escalation is needed:
- Interim Schedules of Dilapidations for Landlords — Formal statutory notice as a precursor to forfeiture
At lease end:
- Dilapidations for Landlords — Terminal schedule and claim negotiation
If defects need investigation:
- Building Pathology & Defect Analysis — Understanding the cause of deterioration
FAQs
Can I recover costs through a repairs notice?
No — not directly. A repairs notice documents breaches but doesn’t typically result in immediate payment. The tenant has the opportunity to remedy. If the tenant does not complete the works within an agreed timescale then you can complete the works yourself and recover costs at that time.
How often can I serve repairs notices?
There’s no limit, but they should be proportionate. Serving them too frequently may be seen as harassment; serving them when there are genuine breaches is legitimate landlord behaviour.
What if the tenant disputes the notice?
They may respond with their own surveyor’s comments. This is normal. The notice creates a formal record regardless — disputes can be resolved through negotiation or, ultimately, at lease end.
Does a repairs notice affect the terminal claim?
Yes, positively. It demonstrates ongoing breach, shows the tenant was aware, and creates a documented trail that strengthens your terminal position.
Should I serve a repairs notice or go straight to an interim schedule?
A repairs notice is usually the first step. An Interim Schedule (Section 146) is more serious — it’s a statutory notice and a precursor to forfeiture. Start with the repairs notice unless the situation is already severe.