A Schedule of Dilapidation is issued when a landlord has determined that contractual items have been allowed to fall into a state of disrepair by their tenant. The order lists the things which must be fixed by the end of the lease agreement. In many cases, to the tenant’s disappointment, there is an insufficient amount of time left to make these repairs putting them at risk of being charged with breach of contract.
The best way to minimize one’s exposure when faced with a schedule of dilapidations is to contact a Chartered Surveyor. They have the expertise to reduce the amount of exposure down to the lowest level. There is legislation that protects tenants by limiting the total dollar amount which can be paid as dilapidation damages. This law is detailed in section 18 of the Landlord and Tenant Act. A chartered surveyor can assist with the stipulations of this act so that you face the lowest amount of exposure possible. They can also clarify the terms regarding specific items you agreed to maintain so that you are aware of what to expect before signing a lease agreement or renewal agreements in the future. In addition, a chartered surveyor can formulate a Photographic Schedule of Conditions to attach to the lease agreement as a repair clause. This obligates you to maintain the property only in “no better” or “no worse” condition than you received it. Otherwise, you may find yourself with no protection and, as a result, be forced to make repairs beyond your responsibility returning the property in a far better state than you received it at your own personal expense.
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