Where a property is not in full repair, it is sometimes agreed that the tenant's repairing obligation shall be limited to keeping the property in no worse state of repair than its current state. It is recommended that in such cases a comprehensive schedule of condition is prepared so that it is clear what the required state of repair is when the lease comes to an end.
Here are a few practical tips to bear in mind when using a schedule of condition:
- Make sure it is a comprehensive schedule. This should comprise not only photographs, but also a narrative which clearly sets out the want of repair. Photographs alone do not always tell the whole story;
- Read through the schedule to make sure it makes sense and covers all the relevant issues;
- Ensure the schedule is physically annexed to the lease. Whilst schedules can be bulky and cumbersome, if they are not physically annexed to the lease, they are often lost and can be difficult to track down at the end of the lease;
- In addition to physically annexing the schedule, consider also annexing an electronic version on a CD or USB to preserve the integrity of the images.
If you bear in mind the above, disputes can be avoided.