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Guide · Dilapidations defence

Schedule of Condition: the single most effective dilapidations defence

A Schedule of Condition is a precisely documented record of a commercial property's condition at lease grant. Its sole purpose is to defeat the dilapidations claim that arrives years later. Without one, an FRI tenant can be held contractually liable to put the building into a better condition than the one they received, and dilapidations surveyors instructed by landlords build their claims around exactly that asymmetry.

Author
CBC Surveyors
Updated
Updated 2025
Reading time
8 min read

Overview

The Schedule of Condition is the defensive twin of the Schedule of Dilapidations. The first is prepared at lease grant by the tenant; the second is served at lease end by the landlord. Where a properly prepared Schedule of Condition exists, the items it documents are removed from the dilapidations claim and the residual exposure is materially reduced. Where one does not, the claim is measured against the unqualified repairing standard and tenant exposure can run into tens or hundreds of thousands of pounds.

What the document actually is

A Schedule of Condition is a factual surveyor's record. It is not a building survey, not a valuation, and not a defects report. Its single function is to fix, in writing and in cross-referenced photography, the documented condition of a commercial demise on the day of inspection so that the lease's repairing obligations, and the dilapidations claim that flows from them, are measured against that baseline rather than against an unrealistic standard.

It is referenced in the lease itself, normally by an amendment to the repairing covenant qualifying the tenant's obligation by reference to the appended schedule.

Why it defeats dilapidations claims

Most UK commercial leases are FRI. The tenant covenants to keep the property in repair and yield it up in that condition at lease end. The landlord's Schedule of Dilapidations, served under the Pre-Action Protocol, sets out the alleged breaches of that covenant and the cost of remedy. Without a Schedule of Condition the tenant has no documented evidence of what was inherited; with one, every item that was already present at lease grant is removed from the claim before negotiation begins.

That is the asymmetry the schedule corrects, and it is the reason the document is so cost-effective: a four-figure fee at lease grant routinely neutralises a five- or six-figure claim at lease end.

What a properly prepared schedule contains

A properly prepared schedule combines a methodical written description of every relevant element of the demise, externally and internally, with a dated photographic record cross-referenced to that written description. The level of detail is calibrated to the property type. A small high-street unit reads very differently to a multi-storey office floor or an industrial unit.

Who needs one

Any commercial tenant taking a lease on FRI terms (the overwhelming majority of UK commercial leases). Landlords also benefit from a jointly-acknowledged schedule as a defensible record of what was let, which strengthens rather than weakens their position at the dilapidations stage.

When it must be prepared

Before the lease is executed and referenced in the lease itself. Preparing one after the lease has been signed undermines the evidential purpose: the schedule must fix the condition at the moment the tenant takes on the repairing obligation.

What it is not

It is not a building survey, not a valuation, not a measured survey, not a planned maintenance assessment, and not a list of works the tenant must complete. It is a factual record of condition only, designed to be relied on in a dilapidations negotiation years later.

Specialist insight

What clients most often overlook

The most common, and most expensive, mistake we see is treating the Schedule of Condition as a procedural formality rather than the evidential foundation of the entire dilapidations defence. A generic, lightly-photographed schedule may satisfy the solicitor at lease completion, but it will not withstand serious scrutiny when a Quantified Demand is served five or ten years later.

The cost of a properly prepared schedule at lease grant is consistently a small fraction of the dilapidations exposure it later neutralises.

, CBC Surveyors

Key takeaways

What to remember

  • 01The Schedule of Condition is the defensive evidence base for every future dilapidations claim.
  • 02It must be prepared before lease execution and referenced in the lease itself.
  • 03FRI tenants without one face an unqualified repairing covenant and an open-ended claim.
  • 04A properly prepared schedule removes pre-existing items from the dilapidations claim.
  • 05It protects landlords too. Jointly-acknowledged schedules strengthen recovery at lease end.
  • 06The fee at lease grant is consistently a small fraction of the dilapidations exposure it neutralises.
Related service

Specialist dilapidations surveyors, nationwide

CBC is a specialist dilapidations practice. We act for tenants defending claims, for landlords preparing them, and for both parties at lease grant, fixing the evidential baseline that makes the dilapidations process workable years later.

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