Leases usually contain clauses which allocate specific areas of responsibility for building repairs and maintenance to the landlord and the tenant.  By obtaining a schedule of condition this will provide a clear record of the condition of the building and the nature of existing defects at the start of the lease and enable a clear allocation of responsibility for their repair during the term of the lease and at the end of the lease.  It will also provide the necessary information to prepare a budget for the building repairs and maintenance of both landlord and tenant.

It is recommended that a schedule of condition be undertaken before the start of and before signing any lease and that the schedule of condition forms part of the lease itself.

If using a standard Auckland Law Society Lease Agreement, this requires you to get a schedule of condition at the commencement of the lease. You should also review the repairing obligations in the lease (often referred to as repairing covenants) to determine the extent of your repairing obligations as a tenant or landlord.

It is common for commercial leases to be poorly written and the obligations of landlord and tenant are not clearly defined, leading to potential disputes when the lease expires or is terminated by either landlord or tenant.

Reveal Building Consultants Ltd can assist you in interpreting the repairing obligations prior to signing or at the end of the lease and if necessary can assist in re-negotiating the terms of the lease prior to signing.

There may also be other potential liabilities during the term of the lease such as interim schedules of reinstatement, or dilapidations, which we can provide assistance with if required.

You should always seek expert legal advice relating to the terms of a lease prior to signing.


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Latest News

Major structural failures of Schools in Scotland due to lack of Clerk of Works

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