Guide
The dilapidations protocol: the timetable both sides are judged against
Updated
Terminal dilapidations claims run under a published pre-action protocol. Knowing its timetable changes how both sides behave, and how a court later views their conduct.
What the protocol covers
The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy, universally called the dilapidations protocol, sets out what a landlord and tenant are expected to do before proceedings are issued in a terminal dilapidations claim. It is published by the Ministry of Justice alongside the other civil pre-action protocols (justice.gov.uk).
The timetable
| Step | What the protocol says |
|---|---|
| Landlord serves the schedule | Schedules should be sent within a reasonable time, generally within 56 days after the termination of the tenancy |
| Schedule endorsed | Endorsed by the landlord, or by the landlord's surveyor where a surveyor prepared it, confirming the works are reasonably required and any costings are reasonable |
| Quantified demand | Sent within the same timescale as the schedule, and specifying a date by which the tenant should respond |
| Tenant responds | Within a reasonable time, usually within 56 days after the landlord sends the quantified demand |
| Landlord quantifies its loss | A detailed breakdown based on a formal diminution valuation, an account of actual expenditure, or a combination where some remedial work has been done |
| Diminution valuation | Required unless, in all the circumstances, it would be reasonable not to provide one |
| Alternative dispute resolution | The parties should consider whether some form of ADR would be more suitable than litigation |
| Stocktake | A further review of respective positions and of the papers and evidence, to see whether proceedings can be avoided |
Times are taken from the protocol text (justice.gov.uk). Read the protocol itself before relying on any summary, including this one.
Why the timetable is worth money
- It stops drift. A landlord who sits on a claim for a year and then serves is answering an obvious question about why.
- It forces quantification. The requirement to provide a diminution valuation, or an account of actual expenditure, is what separates a real claim from a schedule total.
- Conduct counts. Pre-action conduct is something the court can take into account. Ignoring the protocol is not a neutral choice for either side.
- It creates settlement points. The response, the quantification and the stocktake are each natural moments to settle, and most matters do settle.
Limitation, and why it is not a number on this page
There is a statutory deadline for bringing a dilapidations claim, and which period applies turns on the form of the lease, in particular whether it was executed as a deed, as well as on when the cause of action arose. Because the answer differs from lease to lease we do not publish a single figure here. If limitation could matter in your matter, take legal advice on the specific deadline early rather than late.
This is a summary for orientation, not legal advice, and it does not replace reading the protocol or taking advice on your own matter.