Schedules of Condition
In our work acquiring commercial and leisure properties on new leases both on and off-market, we have long since been fastidious in ensuring that Schedules of Condition (SoC) best protect our tenant clients.
There are so many pitfalls common to most, which have determined to at best avoid, and at worst, minimise. So whilst the norm is an SoC only limiting the Repairs clause, we ensure that it is referenced in Decorations (and Yield Up) too. That the photographic evidence is extensive, high quality and clearly referenced/described in accompanying text. Crucially, wherever achievable, the elements of disrepair that our client is now technically not responsible for are not “silent” as is usual but rather, that the landlord has an express obligation to at least fix as and when a total failure occurs (eg roof).
This article shares our experience to your benefit, including a little known but useful piece of law that gives hope in those situations where the lease refers to an SoC which isn’t actually attached. The article was first published by EG on 14th January 2022 (Reproduced with their permission).
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