Dilapidations pre-action protocol—quantified demand
Published by a LexisNexis Property Disputes expert
PrecedentsDilapidations pre-action protocol—quantified demand
Published by a LexisNexis Property Disputes expert
PrecedentsThe Pre-action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the 'Dilapidations Protocol') requires the landlord to serve the tenant with a ‘Quantified Demand’ setting out all the losses that are claimed. Any quantified demand is case-specific, but the following notes will assist you through the process of preparing one.
Form of demand
The demand can be set out as a letter with different headings or as a table in the format suggested by the RICS guidance note Dilapidations in England and Wales, 7th edition (September 2016). As with the schedule of dilapidations, it should be served within a reasonable time of the end of the lease. The reasonable time may vary from case to case but is generally 56 days. Where the quantified demand is prepared by the landlord’s surveyor, they must have regard to the principles laid down in the RICS guidance note. The demand should be a separate document from the schedule of dilapidations
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