Schedule of Condition – to the rescue

14th January 2020

When Eyre & Elliston took an additional unit in Mansfield in 2007 next to their existing warehouse, they turned to NG’s advice and had a Schedule of Condition prepared to record its state of repair. The benefit of that advice has now become apparent, following their decision to vacate the building.

The Schedule of Condition was a comprehensive record of the state of repair and decoration of the building, however this did not stop the Landlord submitting a dilapidations claim of over £43,000.

Eyre & Elliston instructed NG to defend the dilapidations claim, and having prepared the original Schedule of Condition, Richard Brown was familiar with the property and was able to clearly see that a large element of the Landlord’s claim was effectively negated by the Schedule of Condition.

Significantly, the Landlord’s surveyor was prepared to take a pragmatic approach to settling the claim rather than protracting the discussions and arguments, and the claim was settled for £13,000.

Richard Brown said: “We saw again the benefit to a tenant of having a comprehensive photographic and textural Schedule of Condition attached to their lease. Landlord’s will naturally seek to maximise their claim against a tenant, however the combination of the Schedule of Condition and lease wording mitigated the Landlord’s claim, and we were able to make a saving for the client of over 70% on the original claim.”

To find out more, feel free to contact us, give us a call on 0115 958 8599 or email [email protected].