Research team is comprised of Group 7 supported by Norris Peel. Introduction
The Tenant shall produce to the Landlord and all such evidence including
documentary and real evidence as the Landlord may require to satisfy itself that the
provisions of this Agreement have been complied with.
Landlord signed tenancy agreement for 6 years terms with tenant. The lease has 3 years left to run. Future dilapidations claims be considered for both of tenant and landlord.
Content
During a Lease:
Planned preventative maintenance during the lease terms to comply with lease covenants.
Providing a Dilapidations Liability Assessment during the term to aid financial planning and lease end strategies, which may include implementing dilapidations works while still in occupation.
It prepare an interim schedule of dilapidations to require a tenant to comply with their repairing covenants.
Landlord had been able to provide evidence that the damage and loss was caused during the course of the tenancy by undertaking reports, the outcome of the dispute would have been in favour of the landlord.
Interim Dilapidations
Landlord and tenants have a duty under lease agreements to ensure properties are keep in good condition during the term of a lease, not just at expiry. A property kept in repair will ensure property is protected.
Schedule of dilapidation involve the compliance defined from the stage 1 to 4.
Stage 1 –
Preparation of Full Appraisal of All Relevant Documentation as the following:
1. Schedules of Condition
The premises is considered to be in poor condition the tenant will not wish to take on a full repairing lease without a document that establishes the visible condition of the premises at the beginning of the lease term.
tenants are more likely to require a Schedule of Condition be drawn up as this will limit their repairing liability at the end of the term back to the standard as evidenced within the schedule.
Stage Two –
Surveyor carry out Site Inspection in order to identify the remedial work.
Measurements to calculate the necessary remedial work and associated costs
An assessment of the original condition of the breach of covenant in question and the standard of repair which the tenant is required to undertake. This will take into account the age, character, and locality of the premises.
Surveyor report that those systems and components inspected ,there are significantly deficient or are near the end of their service lives to be based on estimated life expectancy.
Stage Three –
Surveyor report that Concrete structure, window, power cables,internal wall paint
Inspected there are significantly deficient or are near the end of their service lives to be based on estimated life expectancy.
Preparation of the Schedule of dilapidation according to Guidance Note are clear as to the content of this document. It should indicate the covenant in the lease which has been breached.
Stage Four – Programming
The Protocol states that the Schedule of Dilapidations should be served within a reasonable time which can be before the termination of the tenancy, but generally should not be more than 56 days afterwards.
Following submission of the claim the tenant should respond within a reasonable time period. This is either stated in the claim, or alternatively 56 days is considered reasonable.
End of Lease:
Preparing an end of lease terminal schedule of dilapidations and negotiating their settlement.
Terminal Dilapidations
Prepared near at or after expiry of a lease. A terminal or final schedule will detail the tenants breaches of covenant and repairs required, but as the lease is about too, or has ended the claim will need to be quantified, including costs of each item of repair, reinstatement and decoration, potential loss of rent, service charge.
The allegation of breach of contract is the first step in the legal process.
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