The field of commercial tenancy is as complex, if not more so, than residential Landlord and Tenants law, as commercial and industrial tenancies are generally far more onerous than residential leases.

The two most important statures that apply to commercial tenancy are:

1. Law Property Act 1925
2. The Leasehold Property (Repairs) Act 1938

They aim to ensure that both the Landlord and Tenants are protected during the term (Tenancy) such that neither can legally be exploited or abused. The statutes set out the duties and the procedures necessary to ensure properties are maintained in accordance with the covenants of the lease and where there is a breach, the correct procedures to rectify the breach.

The lifespan of a commercial lease will vary greatly and in some instances can be up to 999 years, therefore in these instances it is in the best interests of both the Landlord and the Tenant to ensure that the property is maintained to protect the financial investment of both parties.

MHP Surveyors are experienced in the preparation and negotiation of schedules of condition and schedules of dilapidations.

Schedules of dilapidation are prepared at the termination of a lease or shortly prior to list defects which are required to be rectified by the departing tenants in accordance with the lease. The law of dilapidations requires professional advice of both construction technology and Landlord and Tenant Law to ensure the document is accurate, any document incorrectly prepared may, should the matter proceed through the Courts be rejected and therefore substantial abortive costs incurred by the respective parties. MHP Surveyors extensive experience in dealing with negotiations of commercial leases ensures that their client whether it be a Landlord or Tenant is afforded the correct protection within relevant statutory law

Schedules of condition are prepared for an incoming tenant to ensure that there are no onerous repairing liabilities and improvements enforced by the landlord at the end of a tenancy that are not duly the new tenants responsibility. It is normal for a tenant to be required to maintain the property during the period of the tenancy in the same condition as it was on occupation and not be required to make any enhancements.