 Landlord versus tenant - end-of-lease advice needed
Please forgive me if there is, in fact, a commercial landlords/tenants forum sub-section.
It's my first time on here and just beginning to navigate....
I suspect the law as regards my question will be comparable to domestic, in any case....
I own a gym and lease the building.
My gym lease ends in 2009. A new premises locally has already been found and shaken on (mate's mate) but I have the joyous occasion known as servicing the Schedule of Dilapidations coming up.
I had a Schedule of Conditions drawn up when I took on the tenancy but the landlord refused to sign it.
He made no effort to have one drawn up.
Therefore, the condition of the building and its fabric was never mutually agreed.
Now, being a landlord, he will no doubt claim the walls were made of gold when we took the building on, and hit us with a mad Schedule of Dilapidations the moment we give notice.
I've been stressing a bit that we'll do what's right and fair but he'll try suing for stuff that never existed.
We have the original schedule WE had drawn up by a surveyor, plus copious photos, plus an ongoing servicing and repair log and schedule.
The junior surveyor we used reckons if the landlord didn't have a Schedule of Conditions done at the outset, he has caused problems for himself on the basis that if he took us to court he would have to prove his case but has no point of reference to work from.
I should add there are certain provisions in the lease contract that must be carried out at the end of the lease - ie painting the walls and ceilings any colour the landlord wants, laying new carpet, etc.
These will be done without question or objection as per the terms.
My main worries are that he'll try to say other parts of the building have dilapidated - ie roof, drainage, window frames etc when they were already part-worn and needing work when we took the lease on.
Any experienced surveyors, solicitors or even barristers have an opinion on this?
Ta,
Slightly worried Righty. | 
