The Dilapidations Pre-Action Protocol

The dilapidations pre-action protocol sets out the steps the parties should take before going to court. Following it keeps a claim on track and avoids cost penalties.

What the protocol is

The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property governs how terminal dilapidations disputes should be handled. It expects both sides to exchange information, try to settle, and only litigate as a last resort.

The key steps

• The landlord serves a schedule of dilapidations and a quantified demand, typically within 56 days of the lease ending.
• The tenant provides a response within about 56 days, usually item by item in a Scott Schedule.
• The parties hold a without-prejudice meeting to narrow the issues, and consider alternative dispute resolution such as the RICS scheme.
• The landlord's claim should be supported by a genuine account of what it will do with the property and, where relevant, a diminution valuation reflecting the section 18 cap.

Why it matters

A court expects the protocol to have been followed. A landlord who inflates the claim, ignores diminution, or refuses to engage can face costs consequences even if some money is recovered.

Time limit

Do not sit on a claim: the limitation period for a dilapidations claim is generally six years from the breach. Take advice early. See the dilapidations guide.

What is the dilapidations pre-action protocol?

A framework requiring both sides to exchange information and try to settle before litigating, with the landlord serving a schedule and quantified demand and the tenant responding, usually within about 56 days each.

How long do I have to bring a dilapidations claim?

The limitation period is generally six years from the breach.