Published: 08/05/2026 By Andrew Keen
Following the serving of a Landlord Terminal Dilapidations claim, it is usual, indeed appropriate, that the parties attempt to negotiate settlement of a dilapidations dispute. Drawing on his considerable experience in acting on behalf of both Landlords and Tenants, Andrew Keen AssocRICS ACABE MPTS, Head of Commercial Building Surveying, offers some general advice and outlines the process.Different surveyors have different negotiation styles and different clients will have different approaches.
It is important to remember though that a Terminal Dilapidations claim identifies the loss a Landlord might incur if the departing Tenant does not “yield up” or return the premises in the condition set out in the Lease obligations. The Landlord cannot and should not expect to receive a financial windfall from the departure of the Tenant.
Negotiations start once the Tenant surveyor has received, reviewed and responded to the Landlord dilapidation claim. Whilst surveyors are seldom instructed to agree settlement terms, they are frequently instructed to negotiate towards a settlement.
It is normal and generally accepted that all surveyor communications are protected so that alternative outcomes, offers, suggestions and ideas to aid settlement can be openly discussed without the threat of those discussions being called upon in court.
However, heading communication/document “without prejudice” does not guarantee protection; a judge may determine that certain protected communications are relevant to the case at hand.
If the aim of negotiating with another surveyor is to persuade them to change their mind/stance, arguing tends not to be particularly effective. It is much better to encourage, explain, accommodate, listen, and demonstrate flexibility. It is possible to hold an opinion which differs from the other surveyor and still enable a settlement.
For further information on Landlord & Tenant matters, and a comprehensive range of commercial property services, please contact Andrew on 01202 639403, or our experts in your nearest Symonds & Sampson office.