Repairs, Dilapidations and Schedules of Condition.
An expensive minefield for the uninitiated!
Whether you are landlord or tenant you need our help in dealing with the repairing obligations in a commercial lease.
For the experienced landlord we can prepare a Schedule of Dilapidations and ensure that it is compliant with the latest litigation protocol and with the provisions of the Civil Procedure Rules. We will advise whether it is appropriate to serve a Schedule of Dilapidations or a Repairs Notice and we will liaise with you and arrange builders to carry out the works and then demand the cost from the tenant or we can negotiate damages if the tenant is leaving at the end of the lease.
For tenants we can advise on notices served by the landlord and if required negotiate on your behalf with the landlord or their agents.
For the inexperienced in this process you need the guidance and assistance of professionals who can ensure you interests are protected and you avoid costly errors. Whenever you take out a new commercial lease, assign an existing lease or come to the end of the lease you will need to assess the condition of the property. The vast majority of commercial leases come with substantial obligations as to the repair and condition that the premises must be kept in (these are normally called FRI or Full Repairing and Insuring leases). Some leases will require that certain repairs are undertaken on a periodic basis. Getting these things wrong can be very expensive so you will need professional help to assess the property and prepare a report.
There are many traps for the uninitiated for example if you are a tenant you may take out a new lease in an old building with a poorly maintained flat roof. If a year after you moved in the roof starts to leak and cause damage to your business, the landlord will say it is your problem as you signed the lease for the premises in that condition. If we had prepared a schedule of condition including the roof problems for when you moved in and agreed it with the landlord the repair costs might not be your sole responsibility.
SH Professional – Property advice for the commercially minded.