Dilapidations protocol adopted under the Civil Procedure Rules

The dilapidations protocol has been adopted as a pre-action protocol under the Civil Procedure Rules (CPR) with effect from 1 January 2012.

The protocol relates to claims for dilapidations against tenants at the termination of commercial leases (terminal dilapidation claims).

It is worth noting that the protocol does not, at the time of writing, appear on the Ministry of Justice (MOJ) website. However, we have been informed by the MOJ that the protocol has been adopted with effect from 1 January 2012 and will be appearing on their website shortly.

The adopted protocol is in substantially the same form as the one issued previously by the Property Litigation Association (PLA) and which has been used for a number of years by surveyors having been annexed to the RICS guidance note.