How Do The Civil Procedure Rules Affect



We market the services of independent Surveyors. Surveyors pride themselves on a high standard of work. We can offer Schedules of Condition with regard to leases , Property Reports, Schedules of Dilapidations, Section 18 Valuations, Scott Schedules, Commercial Building Surveys, Structural Reports, Specific Defects Reports. Note these are not for bank lending but are to advise you how much we feel the property is really worth. If you have a property problem we may even already have written an article on it and we would refer you to the many articles we have on our home page use independent surveyors who are more than happy to chat. Please Free phone us on 0800 298 5424 and surveyor will call you back.

Free phone 0800 298 5424

The good old days

In years gone by (it does seem like many years ago now) when a Dilapidations Notice was served by a landlord on a tenant things were so different. By this we don't mean the case law, which of course as dilapidations is forever evolving where new cases will be always be changing we deal with matters forever more (or should we say in perpetuity), but we mean the way that surveyors, landlords and tenants and their solicitors dealt with the dilapidations claim. Back then landlords serving a dilapidations claim on a tenant saw it as the time when you would literally try and get back a brand new building for the old building that he had.

Interestingly, we have said the landlord tried to get it back, it was equally the landlord's surveyor and the landlords solicitor, it simply was the way the dilapidations were carried out way back then. There were also no real set procedures on how to deal with dilapidations for surveyors, whereas now there are the RICS Guidance Notes and of course the Civil Procedures Rules have affected many areas including dilapidations. Way back then the dilapidations claim used to come in a multitude of, shall we call them, different styles, and unless you were dealing with many dilapidation claims it wasn't that common to see a standardised format. This was before the computer age took hold.

Equally, with regard to schedules of condition there are all types of formats being carried out and also with the defending of dilapidations claims there are all sorts of, what we could best term as extreme negotiating going on.


Extreme negotiating on dilapidations

We couldn't think of a better phrase to sum it up, and likening it to the extreme sports that are sometimes seen, as claims from both sides, the landlord and the tenant, can be extreme to say the least.





The Red Book and RICS Guidance Notes brought some sanity

No doubt the introduction of the Red Book and the RICS Guidance Notes in the area of dilapidations add an impact on how dilapidations claims were made and defended, but for myself it wasn't until the introduction of the Civil Procedure Rules that things really changed.


At last the Civil Procedure Rules arrived

It was probably the increasing trend for court action in Britain that brought about the Civil Procedure Rules, which, to summarise, encourage both parties in a dispute to act reasonably and look for a solution rather than looking to the courts. Should not solution be found and the case gets to the courts the Civil Procedure Rules now allow the Judge discretion of awarding against either party where he feels they have been unreasonable in their actions.


What affects has the Civil Procedure Rules had in the real world on dilapidations?


The affect that we have seen working in the real world on dilapidations is that the claims made by landlords surveyors are now more reasonable and, thanks to the RICS Guidance Notes, they are in a standardised format, which means that should you get to the Scots Schedule stage (please see our article on Scots Schedules) the a court of law will be able to interpret the arguments for and against each case relatively easily. They will also be able to deal further with questioning and cross-examining to establish how closely the surveyors have followed the RICS Guidance Notes on dilapidations and the Civil Procedure protocol.




The courts are taking action

It is interesting with the debate that sometimes goes on where in general law politicians say the rules are in place, the police say they are enforceable and then when they get to court, for whatever reason, they do not seem to be enforced. However, with the Civil Procedures Rules we are pleased to see that courts are starting to enforce them. There have now been several cases where Judges have awarded against landlords surveyors that have been over zealous, should we say reckless and less than scrupulous! So, this can only be a good thing.

Information on Dilapidations

Negotiating With a Landlord


If you truly do want an independent expert opinion from a surveyor with regard to leases, dilapidations, schedules of condition, dilaps claims, scott schedules, commercial structural surveys, commercial building surveys, commercial property reports, structural reports, engineers reports, specific defects report, structural surveys, home buyers reports or any other property matters please contact 0800 298 5424 for a surveyor to give you a call back. If you have a commercial leasehold or freehold then you may wish to look at our Dilaps Website at and for Disputes go to our Disputes Help site We hope you found the article of use and if you have any experiences that you feel should be added to this article that would benefit others, or you feel that some of the information that we have put is wrong then please do not hesitate to contact us (we are only human).

The contents of the web site are for general information only and is not intended to be relied upon for specific or general decisions. Appropriate independent professional advice should be paid for before making such a decision. All rights are reserved the contents of the web site is not to be reproduced or transmitted in any form in whole or part without the express written permission of


building engineers

Home Buyers Reports Property Surveys - why we're the best. Engineers Reports
© Copyright

1stassociated-logo-for-footer IVSA-badge IVSA-putting-client-first call-us-for-footer

We have thousands of free property articles to help you - or call us freephone on 0800 298 5424

We have been working in the property industry for many years and have been
providing free property articles for over ten years. All for free and to help you with buying your next property.

House and Home Surveys and Useful Information

All you need to know about Building Surveys

Building Control, what do they do?

Designers and Architects will they save me money or will they cost me money

Enviroment, Your Building and Garden Gnomes

Estate Agents help sell houses and work for the vendors

Have a Structural Survey to protect you against structural problems

Home improvements, builder problems and ideas for you on how to solve them

How a Surveyor values a property, Chartered Surveyors and Regulated Valuers

How Chartered Engineers and Building Engineers can help you

Listed Buildings and Conservation Areas

NHBC National House Building Council

Structural Surveys and How We Can Help You

Traditional and Non-Traditional Houses and Mortgage Problems

Valuations and how much is the building worth?

Whats the difference between a Chartered Building Surveyor, Chartered Surveyor and an Independent Surveyor

Useful property problem articles by Chartered Surveyors explaining building issues to avoid

External - Helpful information on building problems on the outside of the property

Chimney issues and problems

Cracking and Movement Problems and Surveying Solutions

Flat Roof Problems, how we can solve them

Foundations and Structures and Settlement and Subsidence and Underpinning

Pitched Roofs Problems and Solutions

Roof Problems

Wall Problems

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Internal - House problems we have investigated inside

All you ever need to know about floors

Asbestos in your home, what you need to know

Ceiling Cracks and Structural Problems

Condensation, Damp and Black Mould Problems

Cracking and Movement Problems and Surveying Solutions

Windows and Doors and Fascias and Soffits and Wet Rot and Dry Rot and other problems

Woodworm is it a problem or not? Is it active or not?

Services - Building help and advice on costly services

Drainage, what's underground can affect what's above ground

Heating; I just can't get my house warm enough or alternatively I just can't get my house cool enough

You can't mess around with the electric, you need an expert


Commercial Property Services

Building Terms Explained and Directories

Commercial Property Surveys

Commercial Structural Surveys

Leisure Facilites

Offices Large and Small

Shops and Retail

Warehouse and Industrial Buildings

Dilapidations Help and Advice What is a Dilapidations Notice?

A Beginner's Guide to Dilaps

Damp Mould and Condensation

Dampness Rising Damp Mould Black Mould Condensation

Dilapidations and Negotiations

Dilapidations Claim by a Landlord

Energy Saving what can I do?

Finance what is a Financial Adviser (We are not Financial Advisors)

Fire Risk and Help

Health and Safety Risks

Insurance how do I get the correct property insurance?

Landlords Surveying Advice

Property Investment how can I invest in property?

Property TV Reviews by an Independent Surveyor

Schedules of Condition Leasing a Commercial Property

Scotts Schedule and Section 18 Valuation

Tenants Surveying Advice

Weather how does weather affect my property?



Snow and Ice

Strong Winds

Reviews from clients on Commercial Building Surveys

Churches and Charities, helpful reviews from our clients

Industrial Buildings and Warehouses and what our clients say about us

Offices Large and Small, reviews and feedback from our clients

Pubs, Restaurants, Hotels and other Leisure facilities we have surveyed over the years

Shops and Retail, helpful reviews from our clients


First Time Buyers

Buying a Leasehold or Shared Freehold Home

Buying and Selling Houses for the experienced house and home purchaser

First Time Buyers how do I go about buying my first house and home?

Improve your property knowledge with our presentations on house, homes and commercial property

Building Surveys

Building Surveying Useful Information


Dilapidations Presentations in Detail

Final Year Building Surveying Exams for University Students or those that would like to know more

How old is your Building? Which era was it built in?

Party Walls

Surveyors and Design Tools

Disputes and Party Walls

Boundary Disputes

Building and Property Disputes

Party Wall Book Reviews

Party Walls Your Rights and Responsibilities

1stAssociated Surveyors Review for Structural Surveys and Building Surveys

Building Surveys, reviews and feedback from satisfied customers

Buy to let property clients, what they say about our structural surveys

Buying at auction, review of the survey

Buying bungalows and retirement properties and how our surveyors can help

Both at work / busy couples, how we can help and some 1stAssociated client reviews

Families with a young person flying the nest, reviews and feedback

First Time Buyers, what they say about us

Listed buildings, structural surveys

Older buildings, a review of buying an older house

Families with children looking for a new home, feedback and reviews

Buying a Non-Traditional Property

Residential Surveys

House and Home Surveys

Commercial Building Surveys

Commercial Surveys

1st Associated Surveyors Are Also Available in the Following Areas:

East Anglia and East

South and South East

West Country and South West


North and North East



London Markets

London Parks



Areas of Britain

1stAssociated Independent Expert Property Surveyors

Specialists in Home Buyers Reports, Building Surveys and Structural Surveys and Schedules of Condition

All Surveyors are Royal Institution of Chartered Surveyors qualified and RICS regulated

and are Members of the Independent Surveyors and Valuers Association

Putting the Client First

We do not accept service of documents by email or fax