In our Law-Now of 20 October 2011 (
click here) we reported that the Civil Rules Committee had
approved the Property Litigation Association's Pre-action
Protocol for Terminal Dilapidations claims for formal adoption into
the Civil Procedure Rules. Whilst the Protocol came into force on 1
January 2012, it has only recently been formally incorporated into
the Civil Procedure Rules by virtue of the latest update to the
Rules effective as of 6 April 2012. You will shortly be able to
access a copy of the Protocol on the Ministry of Justice's
website (click
here).
As previously reported, the final Protocol remains largely the same
as the Protocol which has been informally in use by many surveyors
for some time. However, one substantive change is that the
tenant's surveyor will now be required to endorse his response
to the landlord's claim and certify that in his opinion the
works he has suggested are those reasonably required to put the
premises into the condition required and that any costs quoted for
such works are reasonable. This means there are now similar
obligations on the tenant's surveyor in relation to the
response to the claim as those on the landlord's surveyor when
preparing the claim.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 13/04/2012.
