The dilapidations protocol is law the dilapidations protocol was formally adopted by the court rules on 1st january 2012 and is now therefore law in england wales the process took over ten years to be finally accepted. Dilapidations are the repair works which have not been undertaken by the tenant in breach of the terms of the lease at common law when a commercial lease ends the landlord is entitled to damages. The landlord will normally serve on the tenant a schedule of dilapidations before or shortly after the end of the lease term setting out a list of defects and items of disrepair or redecoration to be remedied the schedule of dilapidations will normally include an estimate of the cost for each item. Usually brought at the end of a lease term a dilapidations action is a claim for breach of various covenants in the lease these covenants typically include covenant to repair covenant to reinstate alterations covenant to decorate and covenant to comply with statutes
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