The purpose of the Schedule of Condition is to provide a detailed, point by point description of any condition items noted within the property that would fall within the terms of a repairing clause to put right.
We undertake a number of these Schedules and in addition to providing a detailed breakdown of repair points, these are then backed up with a photographic schedule illustrating some of the points raised.
If you are looking at having a Schedule of Condition carried out then you should first of all (usually via your solicitor) confirm that the Landlord is prepared to accept a Schedule of Condition.
If you have a schedule carried out but the Landlord will not agree to it being attached to the lease then it is really of no legal value to you because you are still governed by the repairing clause which usually requires you to “put and keep the property in full and tenantable repair”.
You should be aware that even if the Lease states that you are to just ‘keep the property in repair’, the implication at English Law is that you ‘put and keep it in repair’.
So many people have been caught out with the joys of implication at English law but sadly, protesting that the property “was like that or worse when you moved in” cuts no ice with the Landlord or the Courts.
For the few hundred pounds that a Schedule of Condition costs, the saving in many tens of thousands of pounds with Dilapidations Claims and fees at the end of the lease makes it a more than worthwhile investment.
The Schedule does not restrict you to simply maintaining the condition of the property and you are free to make improvements (subject to Landlord’s consent of course), but you are under no legal duty to do so, but neither will you be compensated for the redecoration and smartening up works that you will carry out the benefit of your occupation.
Land Registry Compliant Plans
If you are buying a bit of land off your neighbour or your Solicitor is trying to register the property that you are buying with Unregistered Title, or if perhaps you are taking the lease on a Commercial property, and a compliant plan for Land Registry Purposes is required to go within the lease, then we can assist.
Our plans are usually based on the Ordnance Survey Plans and can be created to show not only the extent of the site but also pedestrian and vehicle access ways, common areas and boundary key markings.
Normally, if specific dimensions need to be stated then these will take the form of an accompanying plan with datasheets so that the Land Registry can deal with the situation accurately and avoiding doubt.
Typically, the cost of a simple site inspection, purchase of the Ordnance Survey Plan and production of Land Registry Compliant Plans will start at about £200 plus VAT. Please contact us for an individual quotation based upon your circumstances.