Schedule of Condition

Following agreement between the landlord and our tenant client that the tenant would be afforded the benefit of repairing obligations limited by reference to the contents of a schedule of condition, services were required to inspect, prepare and finalise a thorough and robust schedule of condition. 

Not All Schedules of Condition are Created Equal

Following our earlier providing of Party Wall etc. Act 1996 notice preparation and service input, but prior to the commencement of the tenant client's fitting out works, documentation of the 'as let' condition was required in order to ensure tenant's later yield up repairing covenant liabilities could be appropriately qualified and limited.

Close attention to detail and careful consideration as to matters that would survive supersession by client's fitting out works would be essential in producing an effective tool to safeguard tenant's interests. Use of impactful commentary and effective photographic evidence compilation would be critical.

Looking Backwards to Move Forwards

In order to compile a robust and effective schedule of condition, affording tenant client added value through increased benefit, any and all foreseeable matters of future claim require consideration and qualification, where possible. 

Whilst the leasehold interest determination point was likely many years away, looking beyond the present day and at the property from the perspective of a landlord at a future point in time would be necessary.

As specialists in dilapidations claim preparation, pursuit and defence, effective schedule of condition formulation comes naturally to us. So as to mitigate tenant client's future liabilities relative to the terms of a repairing leasehold interest, regard must be had at the time of schedule of condition preparation as to those matters most likely to form the basis of a dilapidations claim at the determination of the lease term. 

Schedule of Dilapidations in Reverse

Any schedule of condition can only capture the particulars of any property as a snapshot in time, without being capable of foreseeing the full extend of a claimant's wants of reinstatement extent, amongst other matters, of course. Having the foresight to retrospectively engineer the schedule of condition, from the perspective of a schedule of dilapidations author, however, serves to eliminate as many future claim components as possible. 

The tenant client's interests would be protected via the careful and close consideration of each demised building fabric component, inclusive of strategic descriptive language use and condition qualification. Complimented via the collation of a considerable number of cross referenced photographic images, the schedule of condition would be created in order to 'paint' a tenant client favourable document, that was both objective in content and suitably, generically, broad to mitigate numerous future likely claim component items.

The schedule of condition was finalised and circulated for stakeholder approval, inclusive of both written and fully cross-referenced photographic content. Being inherently objective in its preparation, whilst inclusive of tenant client favourable descriptive language and select use of quantification, the schedule of condition was agreed, formally referenced in and appended to the lease documents.

The Proof is in the Pudding

The true benefit of the schedule of condition is yet to be tested, owing to the continuing occupation of the tenant client and so nil necessity to date for review of the schedule of condition. The means of document preparation, however, was such that all parts beyond tenant client's fitting out works will be afforded significant material benefit by the schedule of condition contents.

At Node Building Consultancy the approach to schedule of condition preparation is from the perspective of affording our clients value from the services, schedules and wider outputs provided. Employing such thinking enables tangible commercial benefit to be derived for clients, as opposed a focus only on data recording without full and proper forethought, as is all too common in the realm of schedule of condition preparation.