361. The pre-action protocol for claims for damages in relation to the physical state of commercial property at termination of a tenancy.

A pre-action protocol applies to commercial property situated in England and Wales1, and relates to claims for damages for dilapidations against tenants at the termination of a tenancy ('terminal dilapidations claims')2. The protocol's objectives are:

  1.  

    (1)     to encourage the exchange of early and full information about the dispute;

  2.  

    (2)     to enable the parties to avoid litigation by agreeing a settlement of the dispute before proceedings are commenced; and

  3.  

    (3)     to support the efficient management of proceedings where litigation cannot be avoided3.

The protocol sets out conduct that the court would normally expect prospective parties to follow prior to the commencement