Schedules Of Condition

In most cases, the Schedule of Condition is prepared for legal (lease or contractual) reasons and can be very useful if there are any disputes, in particular, as a way of avoiding or reducing the issues in any future dilapidations claims under the terms of the lease. A Schedule of Condition can also ensure that any issues with a property are identified before signing up for a lease.

Schedules of Condition can be presented in a range of different forms, including photographic formats. This is known as a Photographic Schedule of Condition. A Full Schedule of Condition includes text, as well as photos and sometimes video.

A Schedule of Condition can be used when a new lease is entered into, providing a detailed account of the premises’ condition before the lease starts. This means that any existing defects (as well as their repair costs) will be identified before the lease is signed. This guarantees a limit on a tenant’s liability for those repairs, and helps make clear the tenant and landlord’s responsibility to repair.

Schedules of Condition may also be used near the end of a lease. In these cases, they can help to establish responsibility for any dilapidations claim, repairing terms and reinstatement between the parties.

When preparing Schedules of Condition, some important elements to include are:

• A clear statement about the purpose of the Schedule
• A record of any pre-existing issues and their extent
• Technical drawings
• Clear details regarding the location and extent of the property and premises
• A general description of the premises construction
• Clear definitions of terms used to describe conditions in the property.
• A clear statement of the time of the inspection, as well as what the date was, and weather condition
• Photographs (these are some of the most important materials to be included). Videos as well as panoramas and drone footage can also be helpful
• A written record of the location, nature and condition of each item inspected (inside and out)
• Details regarding any specific tests taken on the property (for example, damp testing)

Photos must be clear in their depiction of the property. If a landlord, for example, is claiming that there are issues with the property, but photos taken beforehand are unclear in showing the actual state of the property then their value will be limited.

Photos alone are of limited value and use. Dilapsolutions has encountered several cases in which a property owner has taken plenty of photos of their building but have failed to provide descriptions. This means that only part of the issues are known, and other problems are in effect hidden.

The proper and combined use of both Photos and Text can give much greater weight to a Schedule of Condition.