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.
 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. |
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"A statement of fact as to the condition of a building at a snapshot in time" |
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