Scott Schedule
When negotiating dilapidations (the breaches of a tenant’s lease covenants in respect of repair, reinstatement of alterations, and redecoration at lease expiry) the Scott Schedule (SS) is a useful document where the landlord’s item-by-item claim schedule and the tenant’s item-by-item response are brought together in tabular form in the one document for ease of reference. This composite document, which is often requested by the barristers, enables the parties to compare their respective positions in relation to the landlord’s original schedule of dilapidations. It comprises a series of columns in which each party sets out its response to the opposing party’s contentions.
It will be necessary to provide the costs of the works in preparing for court or arbitration and this is usually done in the preparation of a Scott Schedule.
There is no “required” format for a SS. The format will vary according to the nature of the case. The SCSI Guidance Note on Dilapidations proposes a standard form that can be used for dilapidations.
Typically the four columns of the original schedule of dilapidations form the basis of the SS and when added to the columns of a Scott Schedule are as follows:
- 1.Reference Number
- 2.Clause Number
- 3.Landlord’s description of breach
- 4.Landlord’s description of remedial works
- 5.Landlord’s comments
- 6.Landlord’s estimate of costs
- 7.Tenant’s Response
- 8.Tenant’s estimate of costs
- 9.Court’s Comments
- 10.Court’s award
The benefit of the Scott Schedule is to
- -reduce the time and cost involved in the arbitration hearing and decision phases.
- -assist the arbitrators to identify issues that are agreed by the parties, and focus on the remaining issues that are crucial to the dispute
- -provide a detailed breakdown on the matters in dispute
- -allows both sides to focus on the relevance of each item in the dispute
- -allows the quantum of a claim to be clearly stated
- -provides a useful tool to keep track on negotiations between both parties.
- -eliminate the need to constantly refer to vast volumes of pleadings.
The preparation of the Scott Schedule should be undertaken by the parties in cooperation and is usually lead by the Chartered Building Surveyor. Initially the plaintiff’s solicitor, following discussions with the building surveyor and any relevant experts, should set out the relevant column headings and the relevant items in dispute with statements of the plaintiff’s position. The SS completed by the plaintiff’s building surveyor and solicitor should then be forwarded to the defendant’s team to complete the statements of the defendant’s position. Occasionally the building surveyors may seek assistance from a quantity surveyors on costings.
Surveyors should avoid attempts to pack too much information into the schedule. A SS of 50 or 100 pages defeats the purpose of having a convenient reference tool.
McGovern Surveyors are experienced in the preparation of Scott Schedules and in the negotiation of dilapidations on behalf of both landlords and tenants.
Contact Andrew Ramsey Mbl. 087 1259386
