Dilapidations: New Pre-Action Protocol

More efficient and cost effective management of dilapidations claims for landlords and tenants could result from the launch of a revised Pre-Action Protocol for Dilapidations Claims by the Property Litigation Association on 14 September 2006.

This updates the previous Pre-Action Protocol following consultation with solicitors, RICS and members of the Bar. It is hoped it will be formally adopted by the Department of Constitutional Affairs as a formal pre-action protocol.

The main points to note are:

• The protocol covers the "physical state of commercial property at the end of the lease". This means disrepair, reinstatement and redecoration.
• The Protocol separates the schedule from the claim. The schedule is to set out what the landlord considers are the breaches of the lease, the remedy and the landlord’s costings. The claim is to set out and substantiate the monetary sum the landlord is claiming.