Schedules of Condition and Dilapidation

This section applies to both Landlords and Tenants.

It is advisable when taking on or letting a lease to have a schedule of condition carried out to all parts of the property affected by the terms of the lease. In most cases, the Landlord will be responsible for external maintenance of the property (but this should be checked). The condition of the internal areas should be carefully recorded by written report backed up with photographs at time of taking on the lease.

If a Schedule of Condition is not carried out, it can come as a nasty shock at the end of a lease when the landlord demands extensive work from the incumbent tenant to make good damage or return the property to its ‘original’ state if the tenant has carried out any alterations.

A schedule of dilapidation is normally prepared by a landlord at termination or expiry of a lease. It covers defects or disrepair which the tenant will be required to deal with or put right when vacating the premises.

A properly prepared schedule of condition by a Chartered Surveyor will assist in reducing disagreements on dilapidations at time of vacation.

CWA are experienced practitioners in preparing both Schedules of Condition at the outset of a lease as well as Dilapidation Schedules at expiry.

* The Practice has experience in representing both landlords and tenants in negotiating

Expert Witness

The role of the expert witness is becoming increasingly important, and the RICS has recognised this fact by publishing a mandatory practice statement requiring its members to comply with all rules of court and matters of best practice. CWA has experience in providing expert witness services to clients and their legal advisors who require specialist reports and opinions upon building defects or unsatisfactory work by contractors or builders. Our reports are usually used to settle disputes between contractors, clients and builders arising out of construction or contract malpractice. CWA has a successful record of positive settlement before the case goes to full court proceedings.

We also act for landlords or tenants in dilapidation disputes advising on the merits of a claimant’s case in court proceedings or arbitration.

CWA are trained in Civil Procedure Rules. We take instructions as party Appointed Expert, Single Joint Expert or as Expert Advisor. Instructions are accepted under legal aid schemes.

Christopher White Associates
Northgate House, Plough Road, Great Bentley, Colchester, Essex, CO7 8LG
Tel : 01206 256483
Fax : 01206 256483
Email : [email protected]