RICS surveyor expert opinion

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    RICS surveyor expert opinion

    Where there has been a difference of view between two surveyors does anyone have experience of using a third independent surveyor to give expert neutral advice ? Hopefully resulting in finding common ground.

    #2
    We need some context, please.

    Comment


      #3
      Further details would be helpful. You can apply to the RICS and ask them to appoint an independent surveyor.

      Comment


        #4
        Main context in dealing with damp, previous post. Court action is threatened and this is being considered as a form of ADR.

        Comment


          #5
          You could apply to the President of RICS with your problem and him ( or his deputy ) to decide which surveyor is correct.

          Comment


            #6
            It is always better to try to agree on one expert rather than have two appointed who can argue with each other at your expense.

            Comment


              #7
              Tried that twice. Unfortunately reports challenged and not accepted !

              Comment


                #8
                There are two possibilties:

                One is that the lease has a dipsute resolution clause which covers the particular dispute. If it does you follow the procedure set out in the lease. The clause may require arbitration in the strict sense, or expert determination or allow the parties to decide. "Full" arbitration is not really recommended where the values involved are low.

                The other is to go for voluntary ADR. Parties to a dispute are free to agree to refer it to any form of ADR they like, even if they have a prior agreement setting out how disputes are to be resolved. If you are going for this then you need to ensure that the decision is final and binding. In this case the dispute resolution agreement can be very short. It will require the expert to make an inspection and determine the question using his professional skill and experience and after reading each party's surveyor's report. You do not want hearings or further submissions as the reports should say all that needs to be said. The agreement should also deal with costs.

                Comment


                  #9
                  Many, many thanks for a clear and rational response. Your advice is golden. Wish there was a star like button !

                  Comment


                    #10
                    There is a thumbs up "Like" button.

                    Comment


                      #11
                      Oops but can't register five star.

                      Comment


                        #12
                        Lawcruncher may I send you a pm. There are some other details I would appreciate your opinion on and don't want to further complicate thread.

                        Comment


                          #13
                          If you cannot agree between yourselves to use one independent expert you are unlikely to be able to agree a dispute resolution service but make an offer, keep a record and you can refer to it when costs are considered.

                          Comment


                            #14
                            Thanks for suggestions. I think people would find history and situation unbelievable.

                            Comment


                              #15
                              Originally posted by scot22 View Post
                              Lawcruncher may I send you a pm.
                              You may indeed.

                              Comment

                              Latest Activity

                              Collapse

                              • Freeholders breach of the lease
                                surreygirl
                                We had a surveyor in last year in April 2018 which said that the outside render was now porous and needed to be repaired as a matter of urgency and should be a priority. At a meeting they voted to wait for a year until people had saved up the money and also they needed to have an asbestos test done....
                                16-06-2019, 09:39 AM
                              • Reply to Freeholders breach of the lease
                                surreygirl
                                They are in a position. One is worth a god few million, one is a well known artist, the others are all in well paid jobs and there are two of them whilst there is only one of me!...
                                19-06-2019, 12:50 PM
                              • Reply to Freeholders breach of the lease
                                surreygirl
                                No there is no allowance for a reserve fund. However I have always put away a few 100 a month just in case of any disaster. The other leasses are all high earners, they will not have a problem rustling up the money. If they had got on with it in 2011 it would have been a lot cheaper, but they didnt....
                                19-06-2019, 12:48 PM
                              • Reply to Freeholders breach of the lease
                                surreygirl
                                Yes I have had the flat for 30 years, it it was in 2011 that the problems of penetrating damp became known, but the people in charge at the time chose to ignore it. I even got in my own surveyor but they were immune to what he said. Finally I insisted on a surveyor checking the whole building and he...
                                19-06-2019, 12:45 PM
                              • Reply to Freeholders breach of the lease
                                surreygirl
                                There is nothing in the lease in respect of emergency repairs....
                                19-06-2019, 12:41 PM
                              • Approximate Cost Managing Agent
                                scot22
                                Not sure if correct title but looking for someone to manage finances and lease building responsibilities. Victorian 12 dwellings building in Cumbris.
                                What would an average monthly charge per dwelling be ? Would it be usual to charge for extras such as getting quoted for work ?
                                Any advice...
                                13-06-2019, 11:12 AM
                              • Reply to Approximate Cost Managing Agent
                                scot22
                                What distance from the property could be considered local ?
                                19-06-2019, 10:39 AM
                              • Periodic tenancy and transfer fees
                                vmart
                                We are considering renting out a property and creating a periodic tenancy rather than AST from the start. However, we are concerned that we will need to pay the freeholder £25 per month transfer fee (per lease) required when we underlet as the tenancy will, in effect, be renewed on a monthly basis....
                                18-06-2019, 08:12 AM
                              • Reply to Periodic tenancy and transfer fees
                                Lawcruncher
                                "However, we are concerned that we will need to pay the freeholder £25 per month transfer fee (per lease) required when we underlet as the tenancy will, in effect, be renewed on a monthly basis."

                                A periodic tenancy is a single tenancy not a series of tenancies. You only have...
                                19-06-2019, 09:14 AM
                              • Sinking fund breach of covennat?
                                Stacker
                                The level of the sinking fund has never been agreed by the managing agent or the Directors at any AGM in respect of the accounting years ending December 2016 2017 2018 and 2019 as required by the Deeds of Covenant.
                                THE FIFTH SCHEDULE
                                10. To set aside(which setting aside shall be for...
                                16-06-2019, 19:27 PM
                              Working...
                              X