For tenants and landlords at lease end
Dilapidations Protocol: Steps, Timescales and Deadlines
Sviatoslav JerdetchiiCEO & Founder of Craftex. Updated , 4 min read
The short answer
The dilapidations protocol is the court's rulebook for terminal dilapidations claims on commercial property in England and Wales. It sets what each side sends, in what form and by when, before anyone goes to court.
- Landlord: schedule and quantified demand, generally within 56 days of the lease end.
- Tenant: a response on the landlord's schedule, usually within 56 days.
- Both: meet, generally within 28 days of the response, and consider mediation.
- Before court: the landlord proves its loss, often with a diminution valuation.
The dilapidations protocol is the court's rulebook for how a landlord makes a dilapidations claim and a tenant answers it, before court. Each step has a timescale, and the party that misses one weakens its own position.
Its full name is the Pre-Action Protocol for Claims for Damages in relation to the Physical State of Commercial Property at Termination of a Tenancy. It applies to commercial property in England and Wales, and to terminal claims made at the end of a lease.
This guide walks through each step, the timescales and what the works really cost at each stage. We are a dilapidations surveyor and builder in one team: our in-house RICS-qualified quantity surveyor answers the schedule, and our crews can do the works. Holding a schedule now? Free schedule review.
What the dilapidations protocol is
The protocol is not an Act of Parliament. It sets out the conduct the court would normally expect before a claim is issued. Its aims are simple:
- Get both sides to share full information early.
- Help them settle without going to court.
- Make any court case run efficiently if one cannot be avoided.
It applies whether or not either side uses a surveyor. The court looks at whether the parties complied in substance. It is not likely to be concerned with minor or technical slips.
The schedule and quantified demand
The landlord starts the process with two documents, usually sent together.
The schedule of dilapidations
The schedule follows a standard form in the protocol's annex. It lists each breach, the lease clause, the works to remedy it and, usually, the landlord's cost. Breaches are grouped as repair, reinstatement and redecoration.
The landlord or its surveyor endorses it. The endorsement confirms the works are reasonably required and the costs reasonable. It also confirms the landlord's intentions for the property were taken into account.
The quantified demand
The quantified demand is the claim for money. It sets out and substantiates the sum, says whether VAT applies and gives a date for the tenant's response.
The protocol limits it to the landlord's likely loss, which is not always the cost of the works. It should leave out items the landlord's own plans will supersede.
The tenant's response within 56 days
The tenant should usually respond within 56 days after the quantified demand. The response goes on the landlord's own schedule, so both views sit side by side. That is often called a Scott schedule.
Each line needs enough detail for the landlord to understand the tenant's view. The tenant or its surveyor endorses the response. The endorsement confirms the works listed are all that were reasonably required and the costs reasonably payable.
| For each line | Ask |
|---|---|
| The lease clause | Does it really require this item? |
| The breach | Was it already there when the lease started? |
| The remedy | Is it repair, or an upgrade? |
| The cost | What would a builder actually charge? |
| Supersession | Will the landlord's own works sweep it away? |
This is where a builder's price matters most. Our in-house RICS-qualified quantity surveyor prices each line from current builders' rates. Because our own crews do the work, that price is one we will build for.
The section 18 diminution valuation
Section 18(1) of the Landlord and Tenant Act 1927 caps damages for disrepair. They cannot exceed the fall in the value of the landlord's interest. Repairs made valueless by demolition or structural alteration cannot be claimed at all.
The protocol builds this in at the end. Before issuing proceedings, the landlord should prove its loss. It can use a formal diminution valuation by a valuer, its actual spending, or both. A tenant relying on diminution provides its own valuation, generally within 56 days.
Our guide to the section 18 valuation explains how the cap is measured.
I’m really pleased with my experience working with Craftex. As a commercial construction firm, they handled everything from start to finish without any unnecessary stress on my side. What impressed me was how they suggested practical ideas that improved the design while also keeping things realistic. The communication was always clear, so I never felt out of the loop. The project ran smoothly, deadlines were met, and the end result is exactly what I was hoping for — a space that feels both functional and modern. It’s not easy finding contractors who are this reliable, but Craftex definitely proved they can be trusted.
Meeting, settlement or court
After the response, both sides should meet, generally within 28 days. The meeting is without prejudice. The aim is to agree as many items as possible.
- Meet. Surveyors on both sides narrow the schedule, item by item.
- Disclose. Usually limited to the documents sent with the demand and the response.
- Consider mediation. The protocol asks both sides to consider it, though nobody can be forced.
- Stocktake. If the dispute is still open, review the evidence and narrow the issues.
- Settle or issue. Most claims settle well before a trial.
Settlement usually means cash, works by the tenant, or both. Our guide to tenant dilapidations claim support covers how we price both options.
The RICS dilapidations guidance note
RICS publishes guidance for surveyors on dilapidations in England and Wales, currently in its 7th edition. The protocol asks surveyors to have regard to it when they prepare or endorse schedules, demands and responses.
The guidance note covers the documents in detail: schedules, Scott schedules, quantified demands, responses and diminution valuations. It also deals with interim claims, break clauses and settlement.
For tenants, it matters for one reason. A schedule or response that ignores it is easier to challenge.
One team, one point of contact: we review the schedule, prepare the response, negotiate and, if it costs less, do the works. Free schedule review before the 56 days run out.
Dilapidations protocol: tenant's timeline
- Note the date the quantified demand arrived.
- Diarise the 56-day response date.
- Read the lease, licences and schedule of condition.
- Price every line as a builder would.
- Flag superseded items with evidence.
- Meet within 28 days of the response.
- Consider mediation before court.
