Schedule of works in housing disrepair claims: a guide for housing professionals

A schedule of works, sometimes called a Scott Schedule or a schedule of dilapidations in a disrepair context, is a structured document listing all defects in a property, their cause, the works needed to remedy them, and the respective parties' positions. This guide covers the role of the schedule of works in housing disrepair litigation, how it is prepared, and how it is used in proceedings.

What is a schedule of works?

In housing disrepair claims, the schedule of works serves several functions:

1. Identifying the disrepair: a comprehensive list of all defects alleged by the claimant
2. Causation and responsibility: for each defect, whether it falls within the landlord's repairing obligation and whether it arises from disrepair rather than fair wear and tear or tenant misuse
3. Proposed remedial works: the works required to remedy each defect
4. Costs: the estimated cost of each item of works
5. Scott Schedule format: where the claim proceeds to trial, a Scott Schedule sets out each item, the claimant's position, and the defendant's position in parallel columns for ease of comparison

When is a schedule of works prepared?

The schedule of works is usually prepared at an early stage, typically informed by a building condition surveyor's report obtained under the Pre-Action Protocol for Housing Conditions Claims.

Under the Protocol, the claimant's solicitor is expected to send a letter of claim setting out the defects. A detailed schedule, including photographs and a surveyor's report, supports the claim and provides the landlord with sufficient information to respond.

Once proceedings are issued and directions are given, the court will often order the parties to exchange Scott Schedules or to use a single joint expert to prepare a schedule.

The surveyor's role

A building pathology surveyor (RICS or equivalent) typically provides the foundation for the schedule of works. Their report should:

• Identify each defect by location and type
• Describe the condition and its cause
• Assess whether the cause falls within the landlord's repairing obligation under section 11 of the Landlord and Tenant Act 1985 (or the Homes Act 2018 fitness duty)
• Specify the works required to remedy the defect
• Provide a costs estimate for each item (or refer to a separate schedule of costs from a contractor)
• Address the likely period of disrepair (when the defect arose and could have been repaired)

Surveyors instructed as experts in civil proceedings must comply with Part 35 CPR and the associated Practice Direction.

Scott Schedule format

In contested proceedings, courts often direct the use of a Scott Schedule. The typical format is:

The defendant's solicitor then completes their columns, either admitting the defect and works or disputing the cause, extent, or necessary remedy.

The Scott Schedule narrows the issues for trial and often promotes settlement by making the parties' positions transparent.

Contested causation in the schedule

Where causation is in dispute, particularly for damp and mould, the schedule should include the claimant's case on cause (e.g., "penetrating damp from defective roof covering" rather than condensation) and, in the defendant's column, their alternative case if they dispute this.

If a single joint expert is appointed, they assess each item independently and their report forms the basis of a joint schedule. Parties can then challenge specific items through written questions to the expert (CPR 35.6) or, if permission is granted, through their own expert evidence.

Costs items within the schedule

The schedule of works informs both the damages claim and any injunctive relief sought. For special damages (replaced belongings, contractor costs already incurred), each item should be individually specified and evidenced.

Where the claimant seeks an order for repairs (specific performance/injunction), the schedule defines the scope of works the order would require the defendant to carry out. Courts will not make vague orders to "carry out repairs", the works must be defined with sufficient precision.

Settlement and the schedule

The schedule of works is a key tool in settlement negotiations. Once the parties have exchanged schedules, it is common to negotiate item by item, reaching agreement on some items and narrowing the scope of the trial to genuinely contested issues.

A joint inspection and joint schedule, even outside formal expert directions, can facilitate early settlement.

When should you refer to Support for Tenants?

We work with housing solicitors and surveyors on disrepair matters. For claimant-side referrals or to discuss co-working, call us on 0800 030 4669.

Sources

• Pre-Action Protocol for Housing Conditions Claims, England (justice.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• Disrepair quantum, how damages are assessed