What is a Repairs Notice?
A Repairs Notice is a formal document served by your landlord during the lease term (rather than at lease end) claiming you’re in breach of your repairing, external decorating, or maintenance obligations. It lists alleged defects and breaches, typically with photographs and references to lease clauses.
Unlike a Terminal Schedule served at lease expiry, a repairs notice isn’t seeking immediate payment. It’s saying: “You’re in breach. Fix it.”
But just because your landlord has served a notice doesn’t mean everything in it is correct — or that you have to do everything they’re demanding. Before you start any works, have us check what’s actually enforceable.
A Repairs Notice can only be served if there is a specific clause within the lease allowing for it. This may be referred to as ‘ Landlord’s Right for Re-entry’ clause.
Why landlords serve interim schedules
Understanding your landlord’s motivation helps you respond appropriately:
Genuine concern about deterioration
The property may genuinely be deteriorating, and the landlord wants it addressed before problems worsen. This is legitimate.
Preparation for escalation
If you do not remedy genuine breaches within the pre-determined timescale, the landlord can enter the property and complete the works at your cost, without forfeiting the lease.
Your options when you receive one
1. Accept and remedy
If the notice is accurate and the items are genuinely your responsibility, carrying out the works is the right response. This removes the issue and prevents escalation.
But don’t assume the notice is accurate just because it’s professionally prepared.
2. Challenge and negotiate
Some notices contain items that can be legitimately challenged:
- Items that aren’t actually your responsibility under the lease
- Defects that existed at lease start (if you have a Schedule of Condition)
- Exaggerated scope or specification of works
- Items where the landlord’s interpretation of the lease is wrong
A professional response identifies legitimate challenges and opens negotiation on what you’ll actually do.
3. Partially comply
You might accept some items and dispute others. This is often the practical outcome — you address what’s clearly your responsibility while pushing back on the rest.
4. Do nothing
This is risky. Ignoring a repairs notice doesn’t make it go away. It creates a documented record of your “non-compliance” that strengthens the landlord’s right to access your property and complete the works at your cost.
Even if you think the schedule is entirely wrong, a formal response is better than silence.
What we do
- 01
Schedule review
We analyse the repairs notice item by item:
- Is this actually a breach of your lease obligations?
- Is the lease clause being correctly interpreted?
- Is the item covered by a Schedule of Condition (if one exists)?
- Is the scope of required work reasonable?
- Is the landlord’s specification proportionate?
Some notices include items that don’t survive scrutiny.
- 02
Lease analysis
We review your lease to understand your actual obligations:
- What’s the precise wording of the repairing covenant?
- Are there limitations or qualifications?
- What’s the decoration cycle?
- Does a Schedule of Condition limit your liability?
The notice is only valid insofar as it reflects your actual lease obligations — not what the landlord wishes they were.
- 03
Property inspection
We inspect the property to assess the actual condition and compare it to what the notice claims. Sometimes notices overstate the position; sometimes items have already been addressed.
- 04
Response preparation
We prepare a formal response to the notice:
- Accepting items that are legitimately your responsibility
- Challenging items that aren’t
- Proposing a reasonable programme for any works you’ll undertake
- Setting out your position clearly and professionally
This response protects your position and demonstrates you’re engaging properly with the process.
- 05
Negotiation support
We can engage with your landlord’s surveyor to negotiate an agreed position — what works you’ll do, to what timescale, to what specification.
- 06
Strategic advice
We advise on the broader picture:
- What are the implications for your terminal position?
- Should you carry out works or hold your position?
- What’s the risk of escalation?
- How does this affect your overall lease-end exposure?
Common challenges to interim schedules
Schedule of Condition defence
If a Schedule of Condition was attached to your lease, items that were in that condition at lease start aren’t your responsibility. The schedule should exclude these — if it doesn’t, we challenge them.
Lease interpretation
Landlords sometimes interpret lease clauses more broadly than the wording supports. A covenant to “keep in repair” doesn’t necessarily mean “upgrade to modern standards.” We ensure the lease is applied correctly.
Betterment
If the landlord is demanding works that would improve the property beyond its original or required condition, that’s betterment — and you shouldn’t have to pay for it.
Scope and specification
Even for legitimate items, the scope of work or specification demanded may be excessive. Repair doesn’t mean replacement. Redecoration doesn’t mean complete refurbishment.
Pre-existing defects
Without a Schedule of Condition, this is harder — but not impossible. Building archaeology, historic photographs, or the nature of the defect itself can sometimes demonstrate it pre-dated your lease.
The risk of ignoring repairs notices
If you don’t respond to a repairs notice:
The clock is ticking
You have a limited time to respond to the notice and remedy breaches, if valid.
Escalation becomes more likely
The landlord will remedy the breaches and charge you for the costs. This is likely to cost you much more than remedying the breaches yourself, and it will not be completed at a time favourable to your business.
You lose negotiating position
Engaging professionally keeps options open. Silence looks like either acceptance or negligence.
Even if you believe the notice is entirely without merit, a formal response protects your position better than ignoring it.
Interim schedule vs Repairs Notice
| | Interim Schedule | Repairs Notice | | --- | --- | --- | | When received | During the lease term | During the lease term | | What landlord wants | You to do the works | You to do the works | | Your response | Challenge, negotiate, or remedy | Challenge or remedy | | Lease Position | Forfeiture if not remedied | Lease continues | | Risk if ignored | End to the lease and a terminal claim | Landlord completes the works and charges you |
An interim schedule is an opportunity to address issues on your terms. A terminal schedule is a claim for money.
What you get from us
- Professional notice review — Item-by-item analysis of what’s valid
- Lease interpretation — Understanding your actual obligations
- Formal response — Written reply protecting your position
- Negotiation support — Engaging with your landlord’s surveyor
- Strategic advice — Understanding implications for your overall position
Related services
If you didn’t have a Schedule of Condition:
- Schedules of Condition for Tenants — For your next lease, protect yourself from the start
If you receive a Repairs Notice:
- Repairs Notices for Tenants — Get in touch. We need to understand the current condition against your lease obligations.
To understand your lease-end exposure:
- Dilapidations Assessments — Budget for what you’ll face at termination
When the terminal claim arrives:
- Dilapidations for Tenants — Defending the final claim
FAQs
Do I have to do what the Repairs Notice says?
No. You have to comply with your lease obligations — but the notice may not accurately reflect those obligations. Review it properly before deciding how to respond.
What if I can’t afford to do the works?
This doesn’t remove your obligation, but it affects your strategy. You might negotiate timing, prioritise essential items, or accept that some items will form part of your terminal liability.
What if I disagree with everything in the notice?
Then say so — formally and professionally. A well-reasoned response challenging the notice is far better than silence, which can be interpreted as acceptance.