Two firms take identical units on the same estate in the same month. Ten years later both hand back, and both get a dilapidations schedule with a five-figure cleaning line on it. One pays most of it. The other pays about a fifth, and the difference is a morning one of them spent with a phone camera before the desks went in.
That is the whole argument, and it takes half a day to act on. The reason so few tenants do is that the day you take a lease is the day you are least interested in the day you leave it.
What does a schedule of condition do, and when do you get one?
A schedule of condition is a dated record of the premises at the point the lease is granted. Written descriptions, photographs, sometimes video, prepared by a building surveyor and annexed to the lease itself.
Its purpose is to cap your repairing obligation. Most commercial premises in London are let on full repairing and insuring terms, and a repairing covenant on its own can require a tenant to hand back a building in better condition than they found it, which surprises people every time they hear it. A schedule of condition limits the obligation to the state evidenced in the schedule. Wear that was there when you arrived is not yours to put right.
Get one before the lease is signed. It has to be negotiated at heads of terms, because a landlord’s solicitor has no reason to volunteer it, and once the lease is executed the moment has gone. Older buildings and tired industrial units are where a landlord is most likely to concede one, since both sides know what the alternative argument looks like.
The wording decides whether it works
A schedule bolted onto the back of a lease that does not properly refer to it is decoration.
The lease has to say that the tenant’s obligation is qualified by the schedule, in terms that hold. There is a well-known difference between a covenant to leave the premises in the condition shown in the schedule and one to leave them in no worse condition than shown in the schedule, and the second is the one a tenant wants. That is a job for a property solicitor rather than for me, and it is worth the fee.
Budget somewhere between one and three thousand pounds for a surveyor to prepare a schedule on a typical London unit. Set that against a dilapidations claim and it is not a close call.
Why does the surveyor’s schedule miss the cleaning items?
Because a building surveyor is recording disrepair, and dirt is not disrepair.
A schedule of condition documents cracks, damp, failed seals, spalled concrete, corroded metalwork, worn coverings. It is a structural and fabric document, prepared to a professional standard, and it does its job well. What it rarely captures with any precision is the grime, and the grime is where a large share of the eventual cleaning claim comes from.
I have read schedules that photograph a whole kitchen in one wide shot showing the units are undamaged, with nothing recording that the extract grille was already furred, the splashback behind the hob already greased, the fridge seal already black in the folds. Ten years later a dilapidations surveyor prices a deep clean of all three, and there is nothing in the schedule to say they were like that on day one.
What fair wear hides in a kitchen
Kitchens and washrooms generate more dilapidations cleaning items than the rest of a commercial unit put together, and they are the two areas a condition survey treats most briefly.
Limescale on taps and down urinals in a hard water city. Grout discoloured across a tiled splashback. The seal round a sink gone amber. Extract grilles above head height, which nobody photographs because nobody looks up in a kitchen. Carpet tiles under where the desks will sit, which are the ones a surveyor will later compare against the walkways.
Photograph it dirty, and photograph it in detail, because a wide shot of a clean-looking kitchen is evidence against you rather than for you.
What should you photograph, room by room?
Work the unit systematically and do not stop at eye level.
Floors first, and by type: carpet tiles including the areas that will be covered by furniture, vinyl and its edges and seams, and any hard floor with its existing marking. In an industrial unit, the slab, in detail, including oil staining, joint condition and the marks left by the previous occupier’s racking.
Then walls and ceilings. Scuffs, patched paint, ceiling tiles that are stained or sagging, and one lifted tile showing the state of the void. Then windows and glazing, inside and out, including frames, trickle vents and any existing scratching. Then doors, ironmongery, kick plates and the manifestation on glazed partitions.
Then the two rooms that matter most. Every washroom, close up, taps and cisterns and grout and floor drains. Every kitchen and tea point, including the interiors of any equipment left behind, behind and under any appliance you can move, and the extract grille.
Then the outside. Loading bays, yards, external glazing, bin store, the wall where the previous tenant’s fascia sign was, drains and gullies.
Wide, close, and something for scale
Two shots of everything as a minimum. A wide frame that establishes which room and which wall, then a close frame of the defect itself. Neither is much use alone: the close-up proves the mark and the wide shot proves where it was.
Put something in the close frame for scale where the size matters, a tape measure or a coin. Leave the timestamp on and leave the originals unedited, because an edited file invites an argument about what else was changed. Shoot in daylight and take a second pass with the lights on, since some marks show under one and vanish under the other. A slow video walk-through, narrated with the room names, is a cheap backup that catches things your stills missed.
Three or four hundred photographs on a mid-size unit is a normal number, and the storage costs nothing. Nobody has ever wished they took fewer.
When is day one?
There are two of them, and tenants who do this at all usually miss the first.
Photograph the unit before your fit-out starts, in the state the landlord handed it over. That is the baseline your lease refers to. Then photograph it again once the fit-out is complete and before your people move in, which records what you added and what condition your own works left things in. The second set matters at the other end, when somebody is deciding whether a partition or a floor finish is yours to remove.
Fit-out contractors will not do this for you and are not asked to. The gap between the two sets is where most disputes about who caused what end up living, and on a Cat B fit-out the two sets can be a fortnight apart and show a room that looks nothing like itself.
Photograph it dirty
Now the part that argues against my own order book.
Tenants routinely book a deep clean of a unit before they move in. It is a reasonable instinct, the building looks better for it, and I am happy to quote for the work. What it also does, if you have not photographed the place first, is destroy your evidence and adopt the previous occupier’s dirt as your own starting point. You have cleaned the building to a standard nobody recorded, and you now own the difference.
So my advice is the awkward one. Take the photographs before you let anybody in with a machine, mine included. Then have the clean if you want it. The order costs nothing and it is the single most valuable half day in a commercial tenancy.
I have talked tenants out of booking that clean until the photographs were done, which delays my invoice by a week and has never once cost me the job.
How do you make the photographs count three years later?
By storing them somewhere a person who has left the company can still find, and by pairing them at the other end.
Keep the original files, unedited, with folder names matching the rooms and the date in the folder name. Two copies in different places. Put a note in the lease file saying where they are, because the person who took them will not be the person arguing about them, and a decade is long enough for a laptop, a cloud account and a facilities manager to all disappear.
The pairing is what makes them work. A dilapidations negotiation moves when a tenant can put a day-one photograph and an exit photograph of the same wall side by side. On its own the exit shot proves nothing; against a dated original it settles the question in one move.
The kitchen off Blyth Road
We cleaned a second-floor office off Blyth Road in Hayes, UB3, at the end of a nine-year term last spring. The dilapidations schedule that arrived carried a full deep clean of the kitchen, priced at a number designed to be paid rather than argued with, on the basis that the extract canopy and the tiling were heavily soiled.
They were. They had also been heavily soiled in 2017, and the tenant’s office manager had walked the unit with her phone before the fit-out and taken about sixty photographs, including four of the extract canopy with the grease already visible in the mesh.
The kitchen line came off the schedule inside a fortnight. Nothing else on that schedule moved, and the tenant paid the rest, because the rest was fair. Photograph it dirty, and you only end up arguing about the things you caused.
The office manager, when I mentioned it, said she had done it out of habit from a previous job and had assumed everybody did.