Commercial Surveying

Dilapidations

When acquiring a leasehold property, the tenant will usually become responsible for repair and maintenance of the property, the extent of such responsibilities being defined in the lease.

If the property is maintained in a reasonable condition throughout its term then the opportunity of the landlord to serve a schedule of dilapidations may be linked to the end of the lease term only.

A schedule of dilapidations lists all defects identified in the property, the repair necessary, the relevant lease clause where a breech has occurred, and the cost of attending to such repairs.

The landlord usually produces a schedule of dilapidations for service on the tenant, the purpose being:

• To require the tenant to carry out the identified repairs
• To obtain compensation in lieu of repairs being carried out by the tenant
• To obtain possession of the property through a breech of the lease.

The landlord's surveyors will require the schedule to include everything to which they are entitled, maximising the opportunity of returning the property to good condition, whilst the tenant's surveyors must ensure that the schedule does not include additional items which could put the property into a better state and condition than the lease requires.

The schedule is extremely important, as dilapidation claims can be substantial. The schedule needs to be accurate, requiring the surveyors to have a clear understanding of the lease and the complex nature of the repairing obligations, the identification of defects and the enforceability of such repairs, leading to the two appointed surveyors to negotiate a settlement of agreed repairs or level of damages payable.

Schedules of Condition

A Schedule of Condition is a survey undertaken before tenants enter a formal lease for new premises, recording the state and condition of a property.

The schedule identifies defects in the property and may be used to assist tenants in negotiating favourable terms, rent free period or requiring the landlord to put the property into good repair. It may also be used to limit the tenants repairing obligations at the end of the lease, thus restricting the landlord's opportunity of serving a complex and potentially costly schedule of dilapidations.

Building Surveys

We offer a comprehensive professional service, providing advice through detailed survey and investigation, to assist purchasers in the acquisition of new properties, but to also assist existing property owners in the investigation of current and future lease obligations, and to provide advice on the maintenance, refurbishment and adaptation of their existing properties.

Building surveys tailored to a client's specific needs, from comprehensive reports of whole buildings to detailed analysis of specific defects.
All our building surveys are undertaken by Chartered Building Surveyors.
In conjunction with our architects we are able to provide a comprehensive design and project management service for clients undertaking the alteration, extension, adaptation or refurbishment of existing properties.

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