What is a schedule of dilapidations and who is best placed to prepare one?

A schedule of dilapidations is a document that outlines the repairs, maintenance and reinstatement obligations that a tenant must fulfil before the end of their lease term. It identifies any breaches of the lease’s repairing obligations and specifies the remedial actions required to bring the property back to its original condition.

The schedule of dilapidations is typically prepared by a surveyor or a building professional with expertise in property condition assessments. They will inspect the property, assess its condition and identify any areas of disrepair or breaches of the lease terms.

The surveyor or building professional is best placed to prepare the schedule of dilapidations because they have the necessary knowledge and experience to assess the property’s condition and understand the legal obligations outlined in the lease agreement. They will consider factors such as the age and condition of the property, the specific repairing obligations in the lease and any relevant legislation or case law.

The schedule of dilapidations serves as a basis for negotiations between the landlord and tenant regarding the required repairs and associated costs. It helps determine the extent of the tenant’s liability for the property’s condition at the end of the lease term.

Both landlords and tenants can benefit from engaging a surveyor or building professional to prepare the schedule of dilapidations. For landlords, it ensures that they can accurately assess the condition of the property and seek appropriate remedies for any breaches of the lease. For tenants, it provides clarity on their obligations and helps them understand the repairs they need to undertake or negotiate with the landlord.

It is important to note that the specific requirements and procedures for preparing and addressing a schedule of dilapidations may vary depending on the jurisdiction and the terms of the lease agreement. Consulting with a surveyor or building professional experienced in dilapidations is advisable to ensure compliance with relevant laws and to protect the interests of both parties involved.

If you are a commercial tenant in dispute with your landlord over repairs or alternatively a landlord looking to enforce your rights as against an errant tenant, Alexander JLO’s team of commercial property experts are best placed to assist you. Why not call us on 020 7537 7000 or email peter@london-law.co.uk for a free no obligation consultation to see what we can do for you?

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