Civil Procedure Rules and the Dilapidations Protocol

Always bear in mind that the requirements of the Dilapidations Protocol are in addition to those of the CPR. Comments regarding the exchange of information are particularly relevant. At no point should information be withheld that may assist in the determination of the dispute (See Practical implications of CPR for dilapidations surveyors).

Again surveyors need to be very clear exactly what their role and responsibilities are, whether as an adviser or an expert.

More specifically, for surveyors acting for either landlords or surveyors, the starting point is the consideration of the ramifications of making the endorsement (for more information see sections 3.5, 3.6, 5.4 and 5.5 of the Dilapidations Protocol and 8.4 and 8.6 of the RICS Dilapidations guidance note, 7th edition.

Timeliness is a key factor and the Dilapidations Protocol sets out that a terminal dilapidations claim (together with the schedule) should be served within a ‘reasonable time’ of the lease ending, which it suggests will generally be not more than 56 days after the end of the lease. Following this, the Dilapidations Protocol states that the tenant must respond to the claim again within a reasonable time, usually 56 days. Surveyors should ensure that their claims and responses adhere to this time frame unless there is very good reason for not doing so.

Courtwell Properties Limited v Greencore PF (UK) Limited was a case where a landlord applied for indemnity costs following acceptance of its Part 36 offer, largely on the basis of the poor behaviour of the tenant. Although unsuccessful, the court did consider the failure of both parties to comply with the Protocol. It was not ultimately a factor in this case but it demonstrates that it could be in other cases.