RESIDENTIAL ARCHITECTURE
schedules of condition & dilapidation claims
Schedules of Condition are carried out to record the condition of a property at a given point in time. It assesses the physical building fabric, from existing damage to minor wear and tear.
Schedule of Condition
A Schedule of Condition is conducted prior to letting or terminating a lease contract, to establish who is liable for any remedial works or repairs. They are also conducted on properties that could be affected by construction work.
Lease agreements usually include conditions to maintain the premises to a given standard. This doesn’t always happen. In this instance, the dilapidations process reviews what damage or wear has occurred, how much it will cost to fix, and whose liability it is to pay.
With more than 30 years experience, we are used to handling dilapidations claims. We support clients in the event of a claim, whether they are a landlord or tenant.
Schedule of Dilapidations
A Schedule of Dilapidations may be served [to tenants] if repairs are required at the end of a lease. It sets out the tenant’s obligations in regard to the physical condition of the property. In addition, a Dilapidation Survey will outline the specific details of the required repairs.
The Schedule of Dilapidations requires the tenant to carry out the work by a specified date. If it isn’t completed, the tenant will remain liable for the remedial work. This could cost more when carried out by the landlord’s chosen contractors.
Our dilapidations work
Whether acting for landlord or tenant, on a commercial or residential property, we are proactive in our approach. The correct package of remediation works can significantly reduce outstanding liabilities, and set a positive tone for negotiation.
Our work for landlords includes:
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Conducting Schedule of Condition assessments
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Providing dilapidations advice
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Preparing a Schedule of Dilapidations to serve on tenants leaving a property
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Preparing a Dilapidations Claim if the tenant fails to carry out the required work
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Appointing/overseeing contractors to carry out remedial work
Our work for tenants includes:
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Providing dilapidations advice during the lease term, to help avoid future claims
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Preparing a list of required remedial work, to be undertaken by the tenant to mitigate any dilapidations claim
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Defending tenants against dilapidations claims made by their landlord
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Providing expert guidance and negotiate settlements
If a termination is unavoidable we encourage parties to be understanding and even handed in their dealings. Ideally, legal redress should be the last option… not the first!
Benefits of dilapidations process
✓ Independently confirms the actual condition of a building prior to letting or terminating a lease
✓ Confirms if maintenance contracts have been maintained as required
✓ Provides evidence to renegotiate maintenance contracts according to a detailed assessment of the
building/services
✓ Independently confirms the condition of a structure before and after construction
✓ Provides evidence against fraudulent third party claims in construction projects
We ensure compliance with the Dilapidations Protocol. Where possible, we aim to avoid unnecessary costs and reach an agreement without the need for a lengthy legal dispute. However, if legal action is unavoidable we have a good working relationship with a number of legal firms should a recommendation be necessary.
Get in touch
We offer free, no obligation advice - a brief all may answer your questions.
Please call Corsa Consultants on 01372 748851 or 07734 050888.
References:
Bradley Mason example: https://www.bradley-mason.com/commercial/dilapidations/
RICS Consumer Guide: Dilapidations
The Dilapidations Protocol: http://www.dilapidations.net/dilapidations-protocol/
OR https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-claims-for-damages-in-relation-to-the-physical-state-of-commercial-property-at-termination-of-a-tenancy-the-dilapidations-protocol