01480 213811

Schedules of Dilapidation and Condition

Repairing Obligations in Leases

The terms of repairing obligations in leases can have significant legal ramifications to both landlords and tenants. The terms “put”, “keep” and “leave” pertaining to repair are commonly used in lease agreements. The repairing obligations incorporated in leases on many older buildings require that the tenant should return the property in a “no better/no worse” condition than at the lease commencement date. In this respect, a schedule of condition will need to be prepared to provide evidence of the condition of the building at the commencement of the lease.

Dilapidations Claims – Tenant Position

At the end of a lease, a landlord will consider the condition of the building and a tenant will be required to undertake dilapidations in accordance with the provisions of the lease. If you are an outgoing tenant, you need to be sure you are not being asked to pay for works of repair which the landlord is not entitled to insist on.

Dilapidations Claims – Landlord Position

If you are a landlord, it is important that all dilapidations you are entitled to are fully dealt with, or a cash sum is recovered in lieu, so as to leave the property in its best possible condition in anticipation of remarketing.

Advice on Repairing Obligations Before Committing to a Lease

If you are a tenant thinking about leasing a property, then contact us for sound advice on the best way to deal with avoiding an unexpected cost item at the end of your lease. If you are a landlord, contact us for advice on the best way to protect the value of your commercial property investment in the context of your lease negotiations.

How Can We Help?

Brown&Co Barfords is experienced in advising on repairing obligations and providing both schedules of condition for use upon the commencement of a lease and schedules of dilapidation in connection with the works required upon vacation by the tenant. We can also assist clients by arranging for a building survey or structural report to be provided. We represent both landlords and tenants in assessing the extent of works of repair, and negotiating dilapidations claims.

For more information, please contact Sheila Smyth on 01480 213811 or email Sheila at sheila.smyth@brown-co.com

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Royal Institution of Chartered Surveyors

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