Dilapidations inspections

Regardless of whether the tenant is in occupation, whenever an inspection is to be undertaken before the lease expires it is important to comply with the terms of the lease when making arrangements for access. Most modern leases contain appropriate provisions allowing access for inspection.

However, before contacting the tenant or its representatives to arrange an inspection, as noted in the Dilapidations guidance note (7th edition), the landlord’s surveyor should consider with the client whether the landlord might intend to forfeit the lease. If it does, then relying on the lease to carry out the inspection might waive the landlord’s right to forfeit. It is important, therefore, that the landlord’s objectives are reviewed once again to identify what action should or should not be taken so as to preserve the landlord’s options in relation to its objectives.

Preparing for an inspection

It is essential that the surveyor obtains as much of the relevant documentation as possible and reads this prior to the inspection. It is impractical to attempt an inspection if the lease has not been read, and the cost of repeat visits due to a lack of adequate information are unlikely to be recoverable from the tenants. Every lease is different and it is imperative that the surveyor has a thorough understanding of the specific lease provisions and any other relevant documentation before undertaking the inspection.

The surveyor should ensure that the limits of the inspection have been agreed with the client before the inspection, in the same manner as for a structural survey.

Before carrying out an inspection the surveyor should be acquainted with the RICS guidance note Building surveys and technical due diligence of commercial property (4th edition) and the guidance on Surveying Safely (the latter applying particularly when properties are empty). A good guide to the procedures to be followed during such an inspection, what tools and equipment to take and where a surveyor should look within a building is contained in Surveying Buildings.