The Quantified Demand in Dilapidations
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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The quantified demand is the landlord's formal statement of what is claimed and why. Under the dilapidations pre-action protocol it is a key step before any court proceedings.
What it is
The quantified demand sets out the sum the landlord claims for the breaches in the schedule, broken down and supported. It should reflect the landlord's genuine intentions for the property and take account of the section 18 cap, rather than simply totalling the cost of every item.
When it is served
Under the pre-action protocol, the landlord serves the schedule and quantified demand within a reasonable time of the lease ending, commonly within 56 days. The tenant is then expected to respond within a similar period, usually 56 days, setting out their position item by item, often in a Scott Schedule format. See the pre-action protocol.
Doing it properly
A quantified demand that ignores the section 18 cap, or claims for works the landlord will not do, invites a robust response and can count against you if the matter reaches court. A realistic, evidenced demand is more likely to lead to a sensible settlement.
Take advice
The quantified demand is usually prepared with a surveyor and a solicitor, as part of a strategy for settling or, if necessary, litigating the claim. See the dilapidations guide.
What is a quantified demand?
The landlord's formal statement of the sum claimed for dilapidations, broken down and supported, served with the schedule under the pre-action protocol.
Should a quantified demand include every item at full cost?
No. It should reflect the landlord's genuine intentions and the section 18 cap, not simply total the cost of every item.