Does L or T prepare Schedules of Conditions/Delapidations?

[inform]

Could someone tell me whose responsibility it is to ensure a Schedule of Condition is carried out, Landlord or Tenant? and if one were carried out does it then form part of the Lease and say so in the Lease? If A schedule of Conditions is not carried out and does not form part of the lease, is it still possible for a Landlord to carry out a Schedule of Delapidations once the lease expires.

Thank You

[yeahbutno]

If we're talking about a commercial lease, I don't think there needs to be one. We certainly don't have one on either of our properties.

Most commercial leases state that the tenant is fully responsible for all repairs and maintainance, and often state various dates when the property will be fully decorated inside & out. If the property is knackered at the begining of the lease, then the tenant has every right to insist on it being sorted before the lease is signed, or negotiate a discount, but once the lease is up & running, the tenant has an obligation to keep it maintained. Similarly the landlord can insist it's put right at the end too.

Usually ;)

[Editor]

I would contend that a schedule of condition is important, particlualry where the property is in A1 condition when it is let, otherwise where's the benchmark when it comes to assessing delapidations? The landlord expects the property to be returned in A1 condition. The schedule should give a through description of the condition of the property, supported by photographs and attached to the lease.
Where a property is let on FRI terms the tenant is responsible for the state of repair of the property so it's in the tenant's interests to have a survey carried out and make sure a schedule of condition exists and that it is accurate. Otherwise the tenant could find himself being held responsible for pre-existing conditions.
The schedule of condition would normally be prepared by the landlord, but there is nothing to stop a tenant preparing one and having the landlord agree it.

[yeahbutno]

Fair enough in so far as a schedule at the outset would certainly protect the landlord if the building was immaculate. Both our leases have reasonably comprehensive descriptions of the condition expected by the landlord, and regular inspections ensure that these standards are maintained. Just pointing out that the schedule isn't a legal requirement, and in some circs, not really necessary at all.

Agree fully though that a tenant is perfectly entitled to draw up a sched before signing the lease, and it would be worthwhile if there are obvious pre-existing faults.

Inform: I assume you are coming at this retrospectively? :confused: