A constant source of arguement between Landlord and Tenant (and their Surveyors )at lease end is about carpets and other floor coverings. Do they fall under the Repairing covenant? Are they loose or fixed . Are they glue fixed or on gripper rods? Who put them in?
When is a carpet in repair any way? If you walk across a carpet lots of times it will inevitably wear. Put desks and furnitute on top of carpet and it will indent. Sunlight streaming in through windows will cause fading. Spill coffee tea ink toner etc and it will become soiled. Walk in with dirty shoes and you will get grimy footpath trails associated with personnel traffic through the premises.
Ok so the tenant tries cleaning the carpets. They may be cleaner but what about the fade patches and uneven wear associated with wheely chairs and foot tapping staff at desk positions?
At the outset of the lease consider the issue of floor coverings and set down precisely how carpets and floor coverings are to be dealt with at lease end.
Landlords if you want all floor coverings renewed at lease end expressely say so at the outset and record in the lease. Specify the type and quality.Do not hope the repairing covenant will cover. Why should you provide new coverings and let someone abuse them- the floor coverings are a diminishing assest anyway. Fact- they will soil and wear and fade. Period.
Tenants if you do not want to renew floor coverings at the lease end or pay for them expressely say so at the outset and record in the lease. Do not take premises with pre-existing shag (ged) carpets and floor finishes and sign up to repair covenant to keep in repair because you can not keep in repair a worn or faded carpet or sheet vinyl floor.. You will inevitably face claim for new floor coverings.
Both parties to the lease should carefully determine at the outset their respective positions and expectations about future liabilities for floor coverings and expressely agree and record how they will be dealt with at lease end – include a specific paragraph in the lease. -something like ‘the Tenant will at before lease end renew all carpets and vinyl floor coverings or pay to the landlord the costs of the same at lease end.’ or ‘the tenant will have all carpets and other floor coverings cleaned in last 3 months before lease end or pay to the landlord the costs of the same at lease end but will be under no obligation to replace any floor coverings.’
WOW ( words of wisdom)
Landlords and Tenants should determine how floor finishes will be dealt with at lease end and agree liabilities and expressely set out in lease.
Leave nothing to interpretation in years down the line. Save ££££££ in claims or losses.