SCHEDULE OF DILAPIDATION

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At K&A Chartered Surveyors, we ensure that our Schedule of Dilapidation is thorough, transparent, and tailored to the specific needs of each Landlord in Kent, London, Essex, Surrey, Sussex and the surrounding areas.

WHAT IS A SCHEDULE OF DILAPIDATION

A Schedule of Dilapidation is a comprehensive document that details any defects or damages that have occurred during the lease of a property. It serves as a record of breaches related to the property’s condition, ensuring that Tenants adhere to their repairing obligations as stipulated in the lease agreement.

For Landlords a Schedule of Dilapidation is crucial. It safeguards the property’s value and ensures that the premises are returned in the agreed condition at the end of the lease term. This process helps avoid potential disputes and ensures a smooth transition between Tenants, maintaining the property’s desirability in the commercial market.

LEGAL ASPECTS AND PROTOCOLS

At K&A Surveyors, we ensure our services align with established legal standards:

  • The Dilapidations Protocol: This protocol outlines the expected conduct before commencing legal proceedings, ensuring both Landlords and Tenants have a clear understanding of their rights and responsibilities concerning dilapidations.
  • Landlord and Tenant Act 1927 Section 18 (1): This Act limits the damages a Landlord can claim for dilapidations. It ensures claims do not exceed the property’s diminished value due to the disrepair, protecting both parties from excessive claims.
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Our experienced Chartered Surveyors are trained to spot even the most subtle signs of damage or wear. Their expertise ensures that the Schedule of Dilapidation is both accurate and fair.

TYPES OF SCHEDULES OF DILAPIDATION

At K&A Surveyors, we recognise that every leasing situation is unique, therefore, the requirements for a Schedule of Dilapidation can vary. To cater to these diverse needs, we offer a range of Schedules tailored to different stages of the lease term:

  • Property Interim Schedule of Dilapidations: This is conducted during the lease term, allowing Landlords to address any significant issues or breaches before the lease ends. It’s a proactive approach to ensure the property remains in good condition throughout the tenure.
  • Terminal Schedule of Dilapidations: This Schedule provides a comprehensive overview of the property’s condition towards the end of the lease, highlighting any breaches or areas of concern. It offers Landlords and Tenants a clear picture before the lease ends.

KEY ELEMENTS OF SCHEDULE OF DILAPIDATION

Items of Disrepair and Their Costs

We meticulously list all damages, wear and tear, and other issues, alongside an estimated cost for each repair, ensuring Landlords have a clear understanding of potential expenses.

Breaches of Repairing Covenants

Our Schedule highlights any breaches of the lease’s repairing obligations, providing a clear record of the Tenant’s responsibilities.

Quantified Demand Setting Out Costs

We provide a detailed financial breakdown, offering a quantified demand that outlines the total costs associated with the disrepairs and breaches.

THE PROCESS OF CREATING A SCHEDULE OF DILAPIDATION

At K&A Surveyors, we pride ourselves on our meticulous approach to documenting the state of a leased property. Our process ensures that Landlords have a clear and comprehensive record to refer to at the end of a lease term.

Our team conducts a thorough inspection to identify any breaches related to:

  • Disrepair: Damages or wear and tear beyond acceptable limits.
  • Decoration: Any alterations or lack of maintenance in terms of aesthetics.
  • Reinstatement: Failure to return the property to its original state if alterations were made.

We ensure that every detail, no matter how minor, is recorded to provide a complete picture of the property’s condition at the lease end.

THE ROLE OF LANDLORDS AND TENANTS

Landlords utilise this Schedule to ensure the property is maintained to the agreed standard. It serves as a record to highlight any discrepancies or damages that may have occurred during the lease term.

Tenants are obliged to uphold the conditions set out in the lease. This includes maintaining the property and addressing any damages or wear that might occur during their tenancy.

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We understand that every lease is unique. Our process considers the terms of the lease agreement and the nature of the building, ensuring that the Schedule is tailored to each property.

ADDITIONAL SERVICES TO UPSCALE SCHEDULE OF DILAPIDATION

Is your tenants Lease coming to an end? We offer a Drone Roof Inspection which will allow us to obtain a clear photographic record of the roof condition and of areas which are not visible from the ground level. This will enable you to see any damage that has occurred over the years allowing us to add any repairs into the Schedule of Dilapidations. If you wish to book this in, please do not hesitate to contact us.

Choosing K&A Chartered Surveyors means choosing peace of mind.

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FREQUENTLY ASKED QUESTIONS

These are charges levied for damages or breaches of the lease agreement, typically covering the costs of repairs or restorations required due to the Tenant’s actions.

Surveyors conduct a comprehensive assessment to identify and document the state of a property, especially concerning damages or wear.

We provide our services in Kent, London, Essex, Surrey, Sussex and the surrounding areas.

While both are detailed records, a Schedule of Dilapidations focuses on breaches and damages during the lease, whereas a Schedule of Conditions documents the property’s state at the lease’s commencement.

This Act limits the damages a Landlord can claim for dilapidations, ensuring claims do not exceed the property’s diminished value due to the disrepair.

The Dilapidations Protocol states that the Dilapidation claims should be responded to within a “reasonable timeframe” however this is usually 56 days after the receipt of the Schedule of Dilapidation.

The Ministry of Justice Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (also known as the Dilapidation Protocol) is a guide to the process of the dilapidations claim and other related issues before the Landlord or Tenant decide to escalate matters to Court Proceedings.

The Schedule of Dilapidation will ensure that any breaches in the Lease clauses are rectified or compensated accordingly, ensuring your property is returned in an agreed condition.

We inspect all parts of the property which are within the demise as per the Lease, which we will confirm during the pre-inspection stage by analysing the Lease.