All but the newest of properties will show signs of deterioration from the passage of time and use. In leasehold situations this often leads to uncertainty over the condition and configuration of a property at lease commencement, which can significantly impact the associated rights and obligations of both parties during and at the end of the term. To remove this uncertainty, it is essential for landlords and tenants to confirm the precise condition of a building via a well prepared schedule of condition appended to the lease.
Clarity brings certainty
From our extensive dilapidations experience we are all too aware of the issues that a poorly prepared schedule of condition can impart on the negotiation process, negatively impacting both landlords and tenants. When acting on behalf of landlords we have prepared and negotiated numerous schedules of condition to ensure that these record the condition accurately, avoiding generalised comments that can lead to uncertainty of responsibilities further down the line.
From our work preparing pre-lease surveys, we have noticed a reluctance in the past for occupiers to protect their position with a schedule of condition, often due to initial preparation costs. Whilst a schedule of condition does not remove the repairing obligation, a robust schedule included within a lease can significantly reduce a tenant’s future dilapidations liability. We would be happy to discuss the suitability and benefits of a schedule of condition for your specific property and situation.
Flexibility to suit your requirements
We offer two tiers of schedule; Our photographic schedules are suitable where the condition can be adequately captured by photographs alone, such as with small retail units, basic warehouses and internal repairing leases. We also offer schedules with descriptive text to further quantify and distil the condition of the property, which are often useful for larger premises and situations where the content requires agreement between the parties.
Lantic Building Consultancy now have the facility to provide drone surveys utilising high definition photography and video to ensure all elements of a building previously inaccessible can now be fully surveyed.