Schedules of Condition

Where schedules are prepared to limit tenant’s obligations it is essential to have a good understanding of the Landlord & Tenant matters generally and the specific intentions of the parties in each case. Consideration should be given to the following:

  • Liability for essential repairs – e.g. leaking roofs will need to be repaired even if recorded in the schedule
  • Cross-reference to the schedule in the lease – e.g. is it intended to limit the obligation to redecorate as well as to repair?
  • Lease drafting – e.g. is it intended to limit only the specific defects listed or is the schedule evidence of general the condition?

Schedules of Condition are commissioned for a number of reasons including:

  • To be attached to a lease to limit a Tenant’s repairing obligations
  • As a record of condition prior to commencement of building works to an adjacent or nearby building

The scope and extent of the document may vary according to its intended purpose – for example, a document intended to limit a tenant’s repairing obligations is likely to be a much more detailed document than a record prior to neighbouring construction works.

Photographs should be included in a schedule of condition however should not be relied upon alone. Video schedules should be avoided as they are difficult to cross-reference later.
bspm service :

  • Agree and confirm instructions
  • Understand intention of parties and lease drafting
  • Inspect and record condition
  • Advise upon and co-ordinate specialist surveys (e.g. M&E)
  • Advise upon essential repairs

Basis of Fees

Fees are typically charged as a fixed fee for the inspection and preparation of the schedule, with follow up action (if required) charged on a time taken basis.