Practitioner’s guide to terminal dilapidations claims under commercial leases: Pre-Action Protocol, schedules, reinstatement, quantified demands and proceedings (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This practical, step-by-step ‘how to’ guide and task-based toolkit sets out clearly how to bring a terminal dilapidations claim concerning a commercial property in England and Wales—ie seeking damages for disrepair from an outgoing tenant at lease end. It also directs readers to the key supporting materials—ie Practice Notes, Precedents and Checklists—to support the process from start to finish. For wider guidance on landlord’s terminal dilapidations claims, see Practice Note: Dilapidations claims at the end of the term. A separate Pre-Action Protocol applies to Housing Disrepair cases (see Practice Notes: Pre-Action Protocol for Housing Condition Cases (England) and Pre-Action Protocol for Housing Disrepair Cases (Wales)).

Points to check

Before commencing a terminal dilapidations claim, the following should be carefully reviewed and confirmed:

which covenant(s) in the lease have been breached because of the disrepair—ie the general repairing covenant, any decorating covenant, any reinstatement covenants in the lease and/or any licences for alterations
whether the contractual term has expired, or is nearing expiry. It is prudent to review the lease roughly one year before expiry from a terminal dilapidations standpoint, to ensure any time-limited reinstatement notice obligations are observed and complied with in good time

If the...

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Web page updated on 21/05/2026

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