Repair obligations can create significant costs for a commercial tenant even when the rent looks affordable. Legal and building-condition reviews should be coordinated before the tenant commits to the lease.

The decision that deserves the closest review

Ask how repairing, decorating and reinstatement obligations apply to the property’s existing condition. Discuss whether a schedule of condition or negotiated limitation is appropriate. The solicitor interprets the contract while a surveyor assesses the physical premises.

A hypothetical example

A business views an older unit with visible wear. It asks a surveyor to record the condition and a solicitor to assess how the lease allocates repair responsibilities, rather than treating the viewing as enough evidence.

Define the legal instruction

A survey explains condition; legal review explains obligations. Coordinate both before deciding whether the lease’s total cost suits the business.

Professional fees, scope and other expenses

Ask for written scope and a clear fee basis: fixed, hourly, staged or another agreed arrangement. Identify applicable taxes, third-party expenses and excluded specialist work. Clarify what happens if facts change or the instruction expands, and who must authorise additional work before it begins.

Comparison item Question to resolve
Existing building condition Who is responsible for each part of the premises?
Repair and reinstatement wording Does the lease limit or expand the tenant’s obligation?
Surveys, negotiation and evidence of condition How will condition evidence be attached to the agreed contract?

Compare the deliverable and excluded stages line by line. Keep a record of the agreed estimate, revision process and approval for any additional expenses.

Prepare a brief the solicitor can price

Supply the complete documents, a short chronology where useful, the commercial objective and any urgent dates. Explain what outcome you need from the instruction. Clear organisation allows the adviser to distinguish initial scoping from a substantive review and later negotiation or dispute work.

Coordinate condition evidence and lease obligations

Provide the solicitor with the draft lease and the relevant condition information from the surveyor. Identify the works the tenant expects to undertake and the business use. The legal review can then address obligations in context without being asked to establish the building’s physical condition itself.

Compare scope for reviewing repair provisions, documenting condition and negotiating proposed changes. Ask which work belongs to other specialists and how their fees fit the budget. Keep any agreed limitation reflected in the final documents rather than assume an informal discussion changes the tenant’s written obligation.

This legal guide concerns England and Wales. Confirm the jurisdiction and scope for the actual instruction.

A mistake to avoid

Budgeting rent while ignoring the potential cost of repairing a premises already in poor condition.

Agree how the instruction will be managed

Agree the contact person, expected updates and who can approve further work. Ask how the budget changes if the other side sends new documents, negotiations expand or proceedings become necessary. Keep advice, agreed terms and the executed documents organised so operational decisions use the final position rather than an earlier draft.

Questions before choosing

Does a schedule of condition automatically remove repair liability?

Its effect depends on how it is incorporated and how the lease is drafted; seek specific review.

Does a condition report automatically limit the tenant’s liability?

Ask how the report is used in the lease documentation. Physical evidence and the contractual allocation of repair duties are separate parts of the review.

Sources and further reading

Research date: 6 October 2026. Refer to the current linked guidance and written provider or adviser terms when making a decision.