What Is the Dilapidations Protocol?
The RICS guidance that governs how landlords and tenants resolve end-of-lease repair claims.
The dilapidations protocol is the RICS guidance that governs how landlords and tenants should communicate and negotiate dilapidations claims, setting out timescales for serving schedules, tenant responses and the route to resolution before litigation.
Why Does the Dilapidations Protocol Exist?
The dilapidations protocol exists to encourage early dispute resolution and prevent landlords from issuing exaggerated, unsubstantiated claims against tenants in the hope of securing a fast cash settlement.
Before the protocol was introduced, end-of-lease claims frequently ended up in court. The protocol enforces a structured exchange of information, requiring both sides to justify their positions financially and technically.
What Are the Key Timescales in the Protocol?
The protocol requires landlords to serve their schedule within a reasonable time, usually 56 days after lease expiry, and gives tenants exactly 56 days to respond with their formal defence.
Once the tenant responds using a Scott Schedule, the surveyors for both parties generally have a further 28 days to meet and attempt to narrow the differences before any legal action is considered.
Been served a schedule?
Get a fixed price for the works. We price line by line against your schedule.
What Is a Scott Schedule?
A Scott Schedule is a spreadsheet used during protocol negotiations that lists the landlord's original claims alongside the tenant's specific response and counter-pricing for every individual item.
This document becomes the central battleground of the claim. To defend your position effectively, you need accurate pricing from a contractor, alongside the surveyor's arguments regarding Section 18 dilapidations limits.
What Happens if You Ignore the Protocol?
If either party ignores the dilapidations protocol and rushes to court, the judge will likely penalise them by awarding costs against them, regardless of who wins the actual dilapidations argument.
The courts view litigation as a last resort. Engaging actively with the protocol and securing hard pricing for the dilapidations works demonstrates that you are acting reasonably.
Frequently Asked Questions
Is the dilapidations protocol legally binding?
While the protocol itself is not law, courts expect both parties to comply with it. Failing to follow the protocol can result in financial penalties regarding legal costs.
Does the protocol apply to interim schedules?
No, the protocol strictly applies to terminal schedules served at or after the end of a commercial lease.
What is a Quantified Demand?
A Quantified Demand is a formal document required by the protocol that sets out the landlord's total financial claim, including the cost of works, surveyor fees, and any lost rent.
Been served a schedule?
Get a fixed price for the works. We price line by line against your schedule.
The most effective way to navigate the protocol is to hold a real-world price for the required repairs. We carry out dilapidations works for a fixed price, giving your surveyor concrete numbers to use during negotiations.