Tag Archives: Property Litigation Association

ILN Today Post

Not only is it reasonable but it is now obligatory: dilapidations

The pre-action protocol for terminal schedules of dilapidation was formulated ten years ago by the Property Litigation Association.  It sets out a procedure for both landlords and tenants to deal with the issue of terminal dilapidations in an open manner, with the aim of facilitating a prompt settlement of claims and, where possible, to avoid litigation.  Over the years it has had its critics and, whilst it was never properly adopted by the courts as a formal “pre-action protocol”, it has been utilised by most solicitors and surveyors.  It shows what is “reasonable”, so that any deviation from it could be argued to be unreasonable.

After ten years of effort on the part of the Property Litigation Association, on 14 October 2011 it was formally adopted by the courts as a pre-action protocol. More…

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