The “Pre Action Protocol for Claims for Damages in Relation to the Physical Condition of Commercial Property” is the mandatory roadmap for all dilapidations disputes.
In 2026, the UK courts have zero tolerance for landlords or tenants who ignore these procedural steps. At Stokemont, we follow this protocol with surgical precision to ensure our clients remain in a strong legal position.
The Critical Timeline of a Claim
The Service of the Schedule:
The process typically begins in the final six months of a lease. The landlord’s surveyor inspects the property and prepares a Schedule of Dilapidations. This document must be served within a “reasonable time,” which the protocol defines as 56 days after the lease expiry. A Stokemont schedule is never a generic list; it is a granular, “quantified” document that cross-references every defect with the specific clause of the lease that has been breached.
The Tenant’s Window of Opportunity:
Once the schedule is served, the tenant has 56 days to provide a detailed response. This is not the time for a simple “disagree” email. The protocol requires a side-by-side response, often presented as a “Scott Schedule.” Each item claimed by the landlord must be addressed individually. If you fail to respond within this timeframe, you may be penalized in costs if the matter goes to litigation.
Narrowing the Issues: The Surveyors’ Meeting
The primary goal of the protocol is to avoid court. To facilitate this, the protocol encourages and often requires the respective surveyors to meet on site. During this meeting, our surveyors at Stokemont work to “narrow the issues.” We agree on the items that are clear breaches and set aside the items that are “betterment” or “superseded.”
The Expert Strategy: Avoiding Litigation
Litigation is a “no-win” scenario for most businesses. The legal fees often eclipse the original claim amount. Our approach is built on our Ethics and Respect for the professional process.
By presenting a transparent, evidence-backed response supported by contractor quotes and market data, we move the conversation from “posturing” to “resolution.”
Our Passion is ensuring that your lease exit is a clean break, not a lingering legal battle. We identify “unnecessary fees” and “padded costs” in the landlord’s claim and systematically remove them based on the RICS Dilapidations Protocol. Be proactive; do not wait for the 56-day clock to start ticking against you.
