A Schedule of Dilapidations is a report documenting defects, disrepair and the general condition of a property, while also relating them to the Lease covenants, to in turn identify whether any breaches of the Lease have arisen.
Undertaken either during the course of a lease (as an interim schedule), in advance of tenants vacating the premises (as a terminal schedule) or following tenants having vacated completely (as a final schedule), a Schedule of Dilapidations it is designed to identify any breaches of the Lease and/or necessary work that will be required to reinstate the premises to the condition of an earlier time, such as at the start of the Lease.
Although not exclusively the case, it is normally the Landlord that commissions a Schedule of Dilapidations, as it provides them with not only a report on the condition of their premises, but also essential information on breaches of the Lease covenants, which are the tenant/leaseholder’s responsibility to address.
We can however act for either the tenant/leaseholder in responding to a Schedule that has been served against them, or for a Landlord in formulating a Schedule to serve on their tenant/leaseholder; but not for both at the same time.
We can further act on your behalf in liaising with the Surveyor instructed by the other party, in ultimately negotiating a settlement to the dilapidations claim.
In the case of the Landlord an ‘interim’ schedule of dilapidations will essentially ‘spot-check’ the condition of the property and confirm the tenant’s compliance with the Lease covenants, enabling the chance for repairs and proper maintenance to be implemented during the course of the Lease.
Similarly a ‘terminal’ schedule; submitted once it is known that the lease is approaching its end, brings items requiring attention to the tenant’s attention, giving them the chance to remedy matters prior to them vacating the premises.
The formulation and issue of a ‘final’ schedule of dilapidations, leaves it necessary for a financial settlement over the cost of remedying identified breaches to be reached.
In the case of acting for tenants/leaseholders, when served with a large dilapidations claim by their landlord upon approaching termination or expiry of the lease, we can assess and argue the validity of the claim, often reducing the final cost of the claim.
For more information about our proactive approach to formulating and agreeing a Schedule of Dilapidations, you can contact us today on 01323 739183, by filling in the form below or by emailing us at firstname.lastname@example.org.
We look forward to hearing from you soon.