Dilapidations Protocol

Question 1

Where does the Pre-Action Protocol apply?

Answer 1

To commercial property situated in England and Wales

Question 2

What does the Pre-Action Protocol relate to?

Answer 2

It relates to claims for damages for dilapidations against tenants at the termination of a tenancy

Question 3

What does the Pre-Action Protocol set out?

Answer 3

It sets out conduct that the court would normally expect prospective parties to follow prior to the commencement of proceedings. It establishes a reasonable process and timetable for the exchange of information relevant to a dispute

Question 4

What are the Protocol’s objectives?

Answer 4

• Encourage the exchange of early and full information about the dispute
• To enable the parties to avoid litigation by agreeing a settlement of dispute before proceedings are commenced
• To support the efficient management of proceedings where litigation cannot be avoided

Question 5

What should a Quantified Demand do?

Answer 5

• Set out clearly all aspects of the dispute, and set out and substantiate the monetary sum sought as damages in respect of the breaches detailed in the schedule as well as any other items of loss for which damages are sought. It should also set out whether VAT is applies
• ## Confirm that the landlord and/or its surveyor will attend a meeting or meetings