Schedules Of Condition
Schedules of Condition are paramount for tenants when leasing commercial properties that are older or out of repair.
A Schedule of Condition will limit a tenant’s repair liability throughout the term of the agreement, and also at the end of a lease. This service involves us evaluating the property to enable an accurate schedule, or record, showing a true reflection of the property’s condition when the lease commenced. We then liaise with solicitors to ensure the repair clauses in the lease are appropriate for the age and condition of the property.
Whilst this service is most advantageous for tenants, in our opinion, it can also be beneficial to landlords. As well as limiting the liability of repair and maintenance of the building throughout the lease, both parties may need to show the condition of a property at the commencement of the lease agreement. Without a Schedule of Condition, there is no definitive way of proving the previous condition of a property.
If the repair clause in the lease says the tenant must keep the property in a good and substantial repair then this will include remedying defects that exist at the outset. It is no defence to say “it was like that when I moved in”. A schedule of condition will exclude the tenant’s liability to remedy pre-existing defects.