DILAPIDATIONS
A good Dilapidations Schedule provides guidance to either the Landlord or the Tenant on the management of dilapidations liability. During a tenancy, a property will suffer a degree of general wear and tear and may even fall into an unacceptable state of disrepair. It is therefore vital that a precise and objective comparison can be made between the before and after state and condition. The key is to avoid disputes, minimize cost and get the next tenancy under way as rapidly as possible.
Under a commercial lease and specifically with reference to the Schedule of Condition, the landlord may seek various forms of recompense in order that the property may be restored to the state of repair as set out in both the original lease and in the Schedule of Condition. But he can only do this where he can prove the precise state in which the property was let. This is where high definition film corroboration of the original Schedule of Condition changes the game and objectifies the whole process.
A Dilapidations Schedule may be served by the landlord during or upon termination of the lease. The responsibility is then on the tenant to assess its liability for repairs/redecoration by reference to the original Schedule of Condition and then respond to the landlord.
It is commercially sensible that both parties know where they stand and entering into such negotiations with this type of evidential backdrop can avoid dire financial consequences.
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