A Schedule of Condition records the condition of a building or other property, normally for legal or contractual reasons including lease negotiations, party wall issues, where works are to be carried out or where our clients might need advice on repair programmes. We prepare schedules of condition for many reasons, including:
Lease Repairing Covenants
When commercial or residential property is let the lease or tenancy agreement sets out the responsibilities of the landlord and tenant. The lease clauses usually set out which party will be responsible for repairs. Leases may be fully repairing and insuring when the tenant takes on the responsibility for all repairs and insuring the building. This includes structural, internal and external repairs.
Building works close to neighbouring property
When carrying out building works under the Party Wall etc Act 1996 it is necessary to take a Schedule of Condition of adjoining buildings prior to commencement of works. The party wall surveyors are able then to re-inspect the property on completion of the works and ascertain whether or not any damage was done, and also direct what repairs should be carried out.
Access to Neighbouring Land Act
Property owners have rights of access to their neighbour’s land where it is necessary to carry out repairs and maintenance which cannot be dealt with from their own land. It is necessary for surveyors to prepare a Schedule of Condition of the neighbouring property and adjacent land so that any damage done during the course of repairs and maintenance may be ascertained and directions given regarding any repairs required.
Landlords often serve lengthy Schedules of Dilapidations on lessees to enforce compliance with the repairing covenants of the lease or to obtain a monetary settlement. A Schedule of Condition combined with a well drafted lease may be used in the tenant’s defence or as evidence supporting the landlord’s notice and Schedule.
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