Legal and Regulatory Compliance - mock

Question 1

What is the Dilapidations Protocol (The pre-action protocol for damages in relation to the physical state of a commercial property at the termination of the tenancy)?

Answer 1

• Applies to commercial property in England and Wales.
• Sets out the conduct that courts would normally expect prospective parties to follow prior to the commencement of proceedings.
• Establishes a reasonable process and timetable for the exchange of information relevant to a dispute.
• Sets standards for the content and quality of schedules and quantified demands.
• Sets out standards for the conduct of pre-action negotiations.

Question 2

What are the main objectives of the Dilapidations Protocol?

Answer 2

• To encourage the exchange of early and full information relating to the dispute.
• To enable the parties to avoid litigation by agree a settlement of the dispute before proceedings are commenced.
• To support the efficient management of proceedings where litigation cannot be avoided.

Question 3

What information would you expect to be exchanged under the dilapidations protocol?

Question 4

What is the full name of the Dilapidations Protocol?

Answer 4

The Pre-action Protocol for Damages in Relation to the Physical State of Commercial Property at the Termination of a Tenancy.

Question 5

What is the main timeline in relation to the dilapidations protocol?

Answer 5

1. Schedule issued by the landlord / surveyor (within 56 days after termination of the tenancy).
2. Quantified demand issued (within 56 days after termination of the tenancy).
3. Tenant issues response (within 56 days of receipt).
4. Parties encourages to meet on without prejudice basis within 28 days after the tenant / tenant’s surveyor issuing their response.
5. Negotiations.
6. Quantification of loss.
7. Stocktake.
8. Court proceedings.

Question 6

How does the dilapidations protocol set out the standard / quality of schedules?

Answer 6

• Schedule needs to set out breaches, the works required to remedy the breach and associated costings.
• Breaches should be separated into categories; reinstatement, redecoration, repair and statutory obligations.
• If the landlord issues schedule before the termination of the tenancy they should confirm whether the situation remains the same or send further revised schedule within 56 days of termination of the tenancy.
• Schedule needs to be endorsed by whoever prepared the document - landlord or surveyor.

Question 7

What should a surveyors endorsement confirm?

Answer 7

• All works in the schedule are reasonably required to remedy the breaches identified.
• Full account of the landlord’s intentions for the property have been take into account.
• The costings are reasonable.

Question 8

What is the Bribery Act?