Civil Procedure Rules and the Dilapidations Protocol

In line with the parties’ duties in respect of the CPR’s ‘overriding objective of enabling the court to deal with cases justly’ dilapidations claims and the discussions between the parties thereafter must properly represent the loss sustained, without exaggeration or understatement. This is also clearly set out in section 2.2.5 of the RICS Dilapidations guidance note (7th edition).

There are no set timetables (excepting the timetable suggested for claims made at the end of the term) but clearly both parties are expected to act reasonably in exchanging information and documents to try to avoid litigation. Remember that acting unreasonably or relying on information the surveyor knows to be untrue may have serious financial consequences should the matter go to court.

Understanding your role and the responsibilities that go with that role, whether as an adviser or an expert, is absolutely crucial. For more details on roles see Surveyor as adviser and Surveyor as expert and Role of the surveyor.

Always ensure that proper inspection records are taken (see Dilapidations inspections), bearing in mind at all times that you may later have to appear in the witness box and be held to account.

Also ensure that, where appropriate, correspondence is marked ‘without prejudice’ and discussions are carried out on the same basis. See 'without prejudice' negotiations in Dialogue and disputes.