The Dilapidations Protocol

 

On 1 January 2012 the Dilapidations Protocol was adopted as a formal pre-action protocol under the Civil Procedure Rules.

The History

The Dilapidations Protocol, a pre-action protocol by the Property Litigation Association, relating to dilapidations claims for damages against tenants at the termination of a tenancy, was first published in 2002, with the aim of preventing landlords exaggerating claims and to lead the way for early settlements without involvement of the courts.

The second edition, issued in 2006, aimed to reduce costs by recommending diminution valuations were considered just before the issue of proceedings.

The third edition, issued in May 2008, required the landlord’s surveyor to sign an endorsement confirming, amongst other things, they had followed the protocol.

From 2008 to 2011 the PLA and the Royal Institution of Chartered Surveyors (RICS) worked with the Civil Justice Council to refine the wording of the Protocol ready for its adoption.

Download the Dilapidations Protocol here.

Download the RICS Guidance Note here.

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