Q&As

A lease is being granted, but the schedule of condition to which the premises is to be subjected will not be available until after completion. How can the schedule of condition be retrospectively incorporated into the lease?

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Published on LexisPSL on 05/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A lease is being granted, but the schedule of condition to which the premises is to be subjected will not be available until after completion. How can the schedule of condition be retrospectively incorporated into the lease?

It is increasingly common for the obligation of a lessee as regards the condition of demised premises to be fixed by reference to a schedule recording the state of affairs at the commencement date. The lessee will then be obliged to maintain it to that standard, ensuring that it is returned in that same condition when the term expires.

In most cases, it will be the landlord’s surveyor who draws up the schedule. The prudent tenant will clearly wish to ensure that they are satisfied that it accurately records the condition at the commencement date, not overstating the standard of repai

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