Commercial Dilapidations
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Dilapidations Time Limits: How Long Do You Actually Have to Respond?

There's no single hard deadline in dilapidations, but the timing rules that do exist matter more than most people realise.


When a landlord can serve a schedule

A landlord can serve an interim schedule of dilapidations at any point during the last few years of the lease term, and a terminal schedule once the lease has ended or the tenant has vacated. There's no single fixed date, but landlords are generally advised to act promptly once the term end is in sight.

The tenant's response window

Once a landlord has served a quantified demand, being a schedule with costed figures, the Dilapidations Protocol expects the tenant to respond substantively within a reasonable period, commonly treated as around 56 days. This isn't an absolute legal deadline in every case, but ignoring it or responding late weakens your negotiating position and can count against you if the matter reaches court.

Limitation periods for court claims

Separately from the Protocol timetable, a landlord's ability to bring a formal legal claim for breach of a repairing covenant is subject to the general limitation period for contract claims, six years from the date of breach in most cases. This is a legal backstop, not a target, and most disputes are resolved long before it becomes relevant.

Why speed matters even without a hard deadline

The real risk of delay isn't missing a strict cut-off, it's that positions harden the longer a dispute drags on. Evidence about the condition of the property at various points becomes harder to establish, and what could have been a straightforward negotiated settlement can turn into a formal dispute simply because too much time passed without proper engagement.

What this means practically

Whether you're a tenant who's just received a schedule or a landlord about to serve one, treat the early weeks as the period that matters most. Getting a surveyor involved in that window, rather than after positions have already hardened, is what keeps costs and stress down on both sides.

Whether you're a tenant who's received a claim or a landlord preparing one, the right specialist advice early changes the outcome.

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