Stone Survey
Schedule of Condition
Schedule of Condition with photographs, to protect you if you are a landlord, or a tenant. Suitable for houses, purpose built and converted flats, maisonettes, bungalows, shops, offices, factories, warehouses, leisure facilities and mixed use properties which include both a residential and commercial element.
In commercial property circumstances, a Schedule of Condition may be required when a leaseholder is entering into a lease whereby their repairing obligations are limited to that of keeping the premises in no better nor no worse condition than as at the commencement of the lease. In such circumstances, evidence of that condition will be required and it will usually take the form of a 'Schedule of Condition'. Although there is no legal definition of the term 'Schedule of Condition', it usually requires a narrative description of the property in question to be accompanied by photographic evidence. Dilapidations are breaches of covenant to repair a building contained in a lease. Such breaches can take many forms, but examples could include non compliance with decoration clauses and damaged windows.
Most tenants do not consider dilapidations as being significant in comparison with rent, rates and service charges when they are seeking new premises. However, the liability to repair can have serious financial implications and therefore the tenant must seek advice of a Surveyor on opportunities to avoid, limit or mitigate dilapidations before entering into a lease, or when a schedule of dilapidations has been served upon him.
Where disrepair occurs, the landlord may serve a Schedule of Dilapidations upon the tenant. A schedule served during the currency of a lease is an interim schedule, unless served within the last three years of the term when it is a terminal schedule. A schedule served at or after the end of a lease is a final schedule of dilapidations. An interim or terminal schedule specifies both the disrepair alleged by the landlord and the remedial works which the landlord requires the tenant to undertake. However, while a final schedule will also contain the alleged breaches of covenant and details of remedial work required, the tenant will have no option to actually carry the works out since its right of occupation will have ended with the lease. Therefore, the landlord's remedy in respect of a final schedule is a claim for damages which will include not only the cost of remedial works, but also loss of rent, service charges, rates, professional fees and VAT for the period during which the property cannot be occupied as a result of the disrepair.
We have the necessary experience and qualifications to act on behalf of clients.
Stone Survey are regularly instructed to prepare Schedules of Condition on behalf of property owners, landlords and tenants for incorporation into a Lease, for Party Wall purposes or for any other relevant purpose.
Please talk to us for more details about how we can help you, by calling 020 7100 7087 / 020 3355 2055 or email info@stonesurvey.com.