MGRA Prepare Schedule of Condition for Sandbar German Beer in Stockport. 'Prost! - Ein Toast!' The definition of a 'Schedule of Condition' (SOC) is, a evidenced based record of the condition of the Premises. Schedule of Condition are prepared for Premises and engrossed to form the basis of agreement on condition, normally between the Landlord and Tenant of a Lease. They create a comprehensive referenced record of the condition of the Premises and its components at a point in time, these can be used as a benchmark against which the Premises future condition can be assessed to identify differences. The two dates are usually Lease commencement and Lease end. Schedules of condition may be prepared under the instruction of any of the parties to the contract or Lease. By appointing an independent expert to prepare a schedule of condition and engrossing it within the Lease the areas of potential dispute are reduced and the likely-hood of a negotiated settlement at Lease end increased. MGRA have just completed a Schedule of Condition for an expanding company who import fine Beers from the continent and our great European neighbour, Germany, Sanbar German Beers, a wholesaler of fine beers, now based in larger premises in Stockport, Greater Manchester. The largest frustration we have is when Tenant's fail to insist on a 'Schedule of Condition' being engrossed within the new Lease and the lack of defence they have under the Law without it. With a simple Clause drafted by a qualified solicitor limiting the Tenant's liability and engrossment within the Lease of a 'Schedule of Condition' that records the condition of the Premises, they effectively 'cap' any future claim. whilst there are limiting factors on any Dilapidations claim for the Landlord at Termination, lack of a 'Schedule of Condition' by the Tenant at commencement of the Lease is not likely to be one of them.
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AuthorPatrick W McGrath Archives
November 2018
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