R2 (the landlord) instructed Mr. A Diamant of Land Surveyors Ltd who wrote to the tenants setting out a settlement offer to avoid a schedule of dilapidations being prepared. Day-2-Day instructed Philip Antino to defend the claim. On consideration of the lease, Philip rejected the entirety of the purported offer to settle arguing that (i) there was no diminution in the value following the tenants’ improvements undertaken an agreement with the landlord and suggested a drop hands settlement. The landlords’ surveyor rejected this position and offered a reduced settlement figure. Philip rejected the reduced offer offering a drop hands deal failing which after within 48 hours the matter would be resolved through ADR. The landlord’s solicitors Capstick Dale www.capstickdale.co.uk responded: -
We agree with your commercially pragmatic approach that there should be a return of keys forthwith and a drop hands walkaway.
Philip had successfully removed all liability.