Latest update and thinking on Schedules of Condition and leases for commercial properties
Thursday 25th July 2019
Carl O'Boyle BSc MRICS FCIOB MFPWS
In response to a landlord's request for payment to replace the roof of a listed building, Tayross Associates have been employed by tenants of a commercial premises to advise on the roof's condition. The roof in question is approximately 200 years old.
The tenants were notified early in the year that the landlord wanted them to pay a high percentage for the replacement of this roof that had not been maintained properly for the last 100 years.
The situation is further complicated in that no Schedule of Condition was commissioned by the tenants prior to taking up their leases.
Tayross Associates have had to visit the property and do a detailed report on the current condition of the roof. We are arguing that replacement of the roof amounts to betterment and does not reflect that the leases are all relatively short term compared to the time span that all this damage has occurred.
Leases can be very onerous and what it says in writing normally applies; where you are under a full repair and replacement-then unless you've got a Schedule of Condition in place it is very difficult to argue retrospectively what damage occurred during the term of your tenancy.
Further updates will be forthcoming.
This article was written by Carl O'Boyle BSc MRICS FCIOB MFPWS. Carl is a full professional member of the Royal Institution of Chartered Surveyors, a member of the Faculty of Party Wall Surveyors and a Fellow of the Chartered Institute of Building for which he currently sits on the CIOB professional conduct committee and adjudications panel.
If you need a Schedule of Condition in London or the surrounding areas then please call us at our office on 0208 426 1448.