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dilapidations protocol to be formally adopted by CPR

18 October 2011

From 1 January 2012 the Dilapidations Protocol finally becomes part of the Civil Procedure Rules. It’s been a long time in coming but it is likely to be welcome news to practitioners and clients alike.

The Dilapidations Protocol has been seen as best practice in dilapidations claims for many years but its formal adoption ought to provide greater certainty both in terms of what is expected of litigants and their advisors, but also the potential consequences of failing to adhere to it.

The requirement to ensure there is early exchange of information remains a central theme to the protocol and this will be particularly favoured by tenants seeking to understand the claim being made against them at the earliest opportunity. Landlords will be pleased to see the new requirement which obliges the tenant’s surveyor to endorse the schedule of dilapidations when answering the landlord’s claim.

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