Business owners who rent premises such as shops, offices and industrial units should check lease terms properly when renting property, says Danny McEvoy, a building surveyor at Fisher German, who has experienced an increase in tenants seeking advice for dilapidation claims from their landlords.
“We are seeing more and more tenants who have entered into leases, then discover later that they were not aware of the terms they had agreed to. It is imperative that tenants check their leases carefully before signing them and seek professional advice from a building surveyor to ensure they are fully aware of their potential future liability.
“I dealt with a case recently where a tenant took on a lease for what he thought was to be a ground floor shop unit without realising it included the first floor as well. This had very serious consequences where the tenant was liable for the full repair of the first floor that had stood empty for over ten years. It sounds like something that you would not miss when reading your lease, but it does happen.”
Discovering these issues before the lease is signed (pre-acquisition) is essential, although dilapidations advice is often provided on an interim or terminal basis. A Schedule of Condition is recommended at the outset to limit future potential liabilities. Some key points that landlords should consider are:
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