A schedule of condition for leased premises

A schedule of condition records the premises at a defined date so later discussions can refer to evidence. Its usefulness depends on both the quality of the record and the way the lease incorporates it. ^[1]

Create a record that can be located

Use room names, plan references and numbered photographs. Describe each defect's position and extent, including inaccessible areas and inspection limitations. Keep dated originals and avoid images so close-up that nobody can identify the affected surface.

Record relevant services, fixtures and external areas within the agreed scope. A tenant taking a workshop may need a different inspection emphasis from a tenant taking a fitted office.

Agree its contractual effect

Ask the solicitor and surveyor to coordinate the wording. Establish whether the intended limit applies to repair, decoration, replacement or only selected obligations. A schedule that shows a defective roof is of limited protection if the operative covenant still requires a different condition.

Repair clauses determine the legal burden. Later alterations should have their own record and reinstatement terms. Ensure the final agreed schedule is the version attached to the executed lease, rather than an earlier inspection file with missing pages.

Agree the inspection purpose and scope first Tell the surveyor why the schedule is being prepared and provide the draft lease or the proposed limitation it is intended to support. Identify the premises and any external or shared elements requiring attention. A photographic record for a small office differs from the inspection needed for a workshop with plant, loading doors and specialist surfaces. Ask which areas, services and inaccessible spaces the commission covers. The usefulness of the resulting schedule depends on whether it records the condition relevant to the obligation the parties are negotiating.

Arrange access when the premises can be inspected meaningfully. Stored goods, furniture, suspended ceilings or ongoing works may conceal defects. Record those limitations rather than describe an unexamined surface as satisfactory. If the landlord is carrying out work before occupation, decide whether another inspection will be needed to show the final starting condition. The date matters because a record made before substantial remedial work may no longer describe the premises the tenant actually receives, while a record made afterwards could miss a disagreement about what changed. ## Make each observation easy to locate later Use a consistent location system tied to rooms, elevations or a marked plan. Pair close-up photographs with wider views so another person can find the defect without having attended the inspection. Describe the affected material, position and visible extent in clear terms. An image of cracked plaster is less useful if nobody can tell which wall it shows. Number the observations and photographs in a way that survives printing or electronic circulation, and keep the original files available rather than rely on a compressed messaging-app copy.

Record what is visible without overstating its cause. Staining may be evidence of moisture, but diagnosing the source can require further investigation. Distinguish an observed defect from a technical conclusion and an inspection limitation. Where a finding suggests a significant hidden issue, ask the surveyor whether the schedule alone is enough for the commercial decision or whether another report is appropriate. A schedule records condition for a defined purpose; it should not be presented as a complete structural assessment unless that work was actually commissioned and performed. ## Connect the schedule to the negotiated legal limitation Have the solicitor explain how the lease incorporates the document and which covenants it affects. RICS guidance highlights the relationship between a condition record and the lease when considering repair exposure before signing. ^[1] The intended protection may concern a particular repair obligation rather than every duty about decoration, replacement or reinstatement. Ask the surveyor and solicitor to coordinate if their descriptions use different boundaries or terminology. A clear photograph of an excluded area may add little if the limitation addresses a different part of the premises.

If the landlord disputes an observation, preserve the original record and identify the point requiring agreement. Do not quietly remove an inconvenient defect from the final schedule merely to simplify completion. The advisers should understand whether the disagreement concerns the condition, its significance or the legal responsibility proposed. Where a revised description is agreed, keep the version history and confirm that it remains factually accurate. The objective is a reliable agreed starting record, rather than a document that appears settled while the parties hold incompatible views about what it shows. ## Preserve the final version through occupation and departure Before execution, check the schedule attached or incorporated is the agreed version, with all plans, photographs and pages present. Confirm dates and references match the lease wording. A solicitor's email enclosing the right report does not necessarily establish that the executed document includes that report. Keep a complete signed or otherwise authenticated set as advised. Future property managers should be able to locate the schedule with the lease and understand the scope of the limitation without searching through several similarly named inspection files.

Maintain a separate record of later alterations, repairs and damage rather than editing the initial schedule retrospectively. If a fitting is removed or an area changes use, document what happened and retain any consent or reinstatement terms. At the end of the lease, advisers can compare the initial evidence with the current condition and the obligations that applied during occupation. That comparison is more useful when the starting record remains intact and later events have their own dated evidence, allowing disagreement to focus on the relevant change rather than the reliability of the documents.