Taking A New Lease
All leases impose repairing liabilities on the ingoing Tenant, not necessarily just for future repairs but sometimes for present condition and even past defects as well.
A properly prepared Schedule of Condition agreed with the Lessor should limit the new Tenants repairing liability to future deterioration only.
Taking Over An Existing Lease
In taking over the remainder of an existing lease the purchaser may inherit the repairing liabilities of the present Tenant.
A Schedule of Dilapidation will list those defects for which the present Tenant is liable under his lease with his Landlord. This is the starting point for negotiations to distribute the burden of repairing liability between the present Tenant, the Purchaser and possibly also the Landlord.
At The End Of The Lease
Usually served by a Solicitor, a Schedule of Dilapidation prepared shortly before the end of the term lists those defects which the Tenant is required to repair before the lease ends.
If the Tenant fails to repair, the Schedule may be priced and may form the basis of a financial claim for damages against the Tenant by the Landlord.