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Prettys Solicitors Ipswich

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Article on the value of a schedule of condition in a lease

Where a leasehold property is not in full repair and good decorative order, and does not have new or recent fixtures and fittings at the outset, landlords will sometimes agree that the tenant's repairing obligation may be  limited to keeping the property and the fixtures and fittings  in no worse state of repair than its current state as at  the date of the commencement of the lease.

In order to establish the baseline condition at commencement, a comprehensive schedule of condition should be prepared so that there is an agreed record of the condition at the commencement of the lease, and which will act as a reference point for the standard of repair and maintenance that is required when the lease ends and the property is handed back to the landlord.

Key issues for both parties are:

If the original parties to a lease take the above steps, the risk of disputes over the requirements of repairing covenants and dilapidations claims at the end of the lease can be reduced considerably.

The above article is published for information only and does not constitute specific legal advice. For specific legal advice on repairing obligations in leases or dilapidation claims contact commprop@prettys.co.uk

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