There is a standard approach for undertaking any dilapidations survey to ensure that a schedule of dilapidations, which forms the landlord’s claim against the tenant, is a fair reflection of the tenant’s obligations in accordance with their lease.
A surveyor will need to request all the relevant documentation from the landlord to make sure that the schedule of dilapidations is an accurate reflection of the tenant’s lease obligations. Documents that are typically required include:-
- The lease between the landlord and the tenant
- Other leases or subleases relevant to the tenant’s occupation and referenced within the lease between the landlord and tenant
- Schedules of condition prepared at the lease commencement, referenced within the main lease.
- Licences for alterations for works proposed to be undertaken by the tenant during the lease terms.
- Other documentation which may be relevant to the tenant’s occupation impacts the tenant’s reinstatement, repairing and redecorating obligations during their occupation.
It is important that the surveyor preparing the schedule of dilapidations is provided with all the documentation to ensure that the claim is accurate. In the event that the lease or other documents cannot be found, it is recommended that the tenant is asked to provide copies so the landlord’s surveyor is able to prepare the claim.
In preparing a schedule of dilapidations the surveyor will need to undertake a survey of the property and assess the implications of lease liabilities. In preparing a terminal schedule of dilapidations, each breach must be clearly identified, the remedy for each breach stated and each remedy must be fully costed.
Tim Greenwood and Associates have extensive experience in preparing both terminal and interim schedules of dilapidations for landlords and also defended them on behalf of tenants. We have the expertise to fully advise on the implications of claims for both landlords and tenants.
