Protocols
The PLA has been instrumental in the design and development of two major Protocols
Pre-Action Protocol - Terminal Dilapidations Claims for Damages - Introductory Note
History of the Protocol
In July 2000, the PLA published a draft Pre-Action Protocol for Terminal Dilapidations Claims for Damages. It was sent to every member of the Association and to leading members of the Property Bar Association.
The document was the result of work by the PLA Sub-Committee on Law Reform over the previous year or so. Members were invited to consider it, provide feedback on it and, if appropriate, use it.
On 14th November 2000, a seminar was held in London at which a panel of surveyors, solicitors and judges were invited to express their views on it in answer to a range of questions. The PLA received many comments and a large amount of feedback on the Protocol from members, other solicitors, judges and, of course, surveyors.
All the comments and feedback were carefully analysed and, where appropriate, the Protocol was altered.
Given that members of the PLA represent landlords and tenants, we tried very hard to ensure that the Protocol is fair to both.
The Dilapidations Protocol - Version 1 - Spring 2002
The first version of the Protocol was launched in spring 2002 and was widely used by those in the industry. It was endorsed by the RICS as Best Practice and annexed to its Guidance Note on Dilapidations.
Since 2002 the Protocol has been used extensively in the industry and the PLA has continued to seek and receive feedback, in particular through a questionnaire of its members at its annual conference.
The Dilapidations Protocol - Version 2 - September 2006
Following feedack from the DCA on the Protocol (see below) and after further consultation with the RICS Working Party on Dilapidations, a second version of the Protocol was issued on 14 September 2006. Once again the RICS will endorse this in its revised Guidance Note on Dilapidations which is expected to be published in Spring 2007. This Protocol is not a draft and members and practiioners are encouraged to use it.
The Status of the Protocol
The Protocol has no "official statuts", other than it represents the PLA's recommended process for conducting terminal dilapidations claims, and, as mentioned above, has been endorsed by the RICS.
The PLA has been consulting with the Department for Constitutional Affairs (DCA) with regard to having the Protocol formally adopted as a CPR Protocol. This has met with a favourable response from the DCA but is currently on hold whilst the DCA considers all Protocols generally.
The PLA copntinues to liaise with the DCA regarding a formal CPR adoption of the Protocol.
Any comments or queries regarding the Protocol should be addressed to Jacqui Joyce at Jacqui.Joyce@lovells.com
Post Action Protocol - Business Lease Renewals
Details regarding this Protocol are being updated and will be released soon.
