If the premises are not a new build, it may be beneficial to enter into a Schedule of Condition. A Schedule of Condition report details the exact condition of the property usually by photographic record, which both parties agree to and is attached to the lease. Your agent or building surveyor can assist you with this (in order to accurately document the condition to ensure future claims and legal action can be prevented). You are required on the exercise of break or termination of the lease, to hand back the premises in good order. The landlord should not be disadvantaged by making good premises together with associated costs, such as loss of rent and incurring rates and service charges, whilst making good the premises suitable for re-letting.
Dilapidation charges can run into hundreds of thousands or even millions of pounds, depending on the size and condition of the building. Dilapidation is the cost of rectifying a building once a building is vacated or surrendered. Specialist surveyors deal with these issues. You could receive a dilapidation claim even if you have prepared a Schedule of Condition. However, the Schedule of Condition should accurately reflect any defects that will be needed to be made good.
If you are commencing or nearing the end of lease, specialist assistance should be arranged prior to the lease ending. This could save you many thousands of pounds in renovation and legal costs.
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Renting a Commercial Property – Drafting ‘Heads Of Terms’ (HOTS)