Most property leases place an obligation on the tenant or lessee to carry out certain repairs during the course of the lease and/or prior to termination of the lease. Failure to comply with these repairing obligations will give rise to what are known as ‘dilapidations’. The legal position relating to dilapidations in Jersey is somewhat different to that in the UK and landlords and tenants often lose out financially through their failure to take proper professional advice. The preparation of schedules of dilapidations for landlords and the negotiation of dilapidation claims for landlords and tenants tends to fall within the realms of the building surveyor’s core proficiencies. At MDW, we have a wealth of knowledge in dilapidations matters and would welcome the opportunity to discuss how we could help you.
Schedules of Condition (for appending to leases)
Tenants can sometimes limit their liability at the end of a lease by insisting upon any repairing provisions being limited by a Schedule of Condition, which is then appended to the lease. In so doing, the tenant can protect itself/themselves from having to return the premises in a better state at the end of a lease than they were at the start.
Schedules of Condition (other purposes)
Schedules of Condition are frequently required to record the state of a building at a particular time. For example, this most often happens in advance of building works being undertaken nearby as there may otherwise be a dispute over whether or not a certain defect pre-dated these building works. We have prepared Schedules of Condition for a wide range of clients and for a variety of different reasons.