Pre-Lease Due Diligence & Photographic Schedule of Condition, Kent

Bressummer A.R.K were instructed by Loake Shoemakers ahead of their new store opening in Royal Tunbridge Wells to carry out pre-lease due diligence and prepare a Photographic Schedule of Condition.

The property is a five-storey retail unit, and the lease being entered into was on a full repairing and insuring (FRI) basis. As is often the case with these types of leases, the risk for a tenant is that they can become responsible for the condition of the building regardless of how it was handed over. Because of that, it was important to create a clear and accurate record of the property’s condition before the lease was completed and before any shopfitting works began.

We undertook a detailed inspection of the entire building, including the basement, ground floor retail space, upper floors, external elevations and the roof. The aim was to capture a comprehensive snapshot of the property at that point in time, documenting the building fabric, finishes and any existing damage, wear or ageing.

Although the unit had recently been refurbished by the landlord, there were still areas where condition needed to be carefully recorded. This was particularly important given the client’s planned fit-out, as it ensures there is a clear distinction between what was already there and what may change as part of their works.

Accessing the roof required a bit of planning. Due to a large street tree and heavy pedestrian traffic at the front of the building, we carried out the inspection from the quieter rear section following a site-specific risk assessment. It’s a good example of adapting approach on site to keep things safe while still getting the level of detail needed.

The full photographic schedule was compiled and issued within five working days of the inspection to align with the client’s programme. This meant the document could be appended to the lease without holding up completion or the start of shopfitting.

Having that schedule in place gives the client a clear baseline. Rather than being exposed to repairing or improving the property beyond its original condition, their obligation is tied to maintaining it in no worse state than what has been recorded. It also puts them in a much stronger position should any dilapidations discussions arise at the end of the lease.

Overall, the project ensured the client could move forward with confidence, knowing their risk was understood and properly documented before committing to the lease.