You are the freeholder, intermediate leaseholder, or leaseholder of a flat or house and need an expert witness to produce a preliminary or final report, and / or give evidence in Court, or Tribunal, in relation to alterations or additions.
Expert Witness – alterations or additions. Preliminary or final report.
We are able to provide a preliminary report, final report, or a preliminary report, followed by a final report, to assess what can reasonably be charged for alterations or additions; or damages arising from the undertaking of them.
Expert Witness – alterations or additions. Preliminary or final report – process.
We will normally inspect the property, undertake research, take account of condition, relevant Landlord and Tenant and other legislation, leases, deeds of variation, licences for alterations / additions, and other documents of relevance. Depending on the dispute, these might include plans, specifications, correspondence, and other evidence.
Expert Witness – alterations or additions. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over what can reasonably be charged for alterations or additions, or damages or potential damages arising from the undertaking of alterations or additions. If we have, and negotiations have not progressed so we can recommend settlement, we provide a Cost Benefit Analyses to assess the sense of proceeding with a hearing in Court or Tribunal.
Expert Witness – alterations or additions. Giving expert evidence.
We are able to give expert evidence to the Court or Tribunal in accordance with the rules, protocols and directions of the Court, or Tribunal, including:
- Part 35 of the Civil Procedure Rules and accompanying practice direction;
- Guidance for the instruction of experts in civil claims;
- Practice direction on pre-action conduct and code of practice for experts;
- Tribunal procedure (First-tier Tribunal) (Property Chamber) rules;
- Tribunal procedure (Upper Tribunal) rules; and
- RICS practice statement surveyors acting as expert witnesses.
If a decision is taken to proceed to Court or Tribunal, we prepare and give expert evidence at the hearing, after which the Court or Tribunal will issue their determination.
Expert Witness – alterations or additions. Examples of recent work.
We have recently:
Alterations and Additions: Reported on the premium that could reasonably be charged by the freeholder for alterations to a block where the underlessee of various flats and the intermediate lessee is the same.
Alterations – Claim for Damages: Reported on the Market Value of two flats both as separate flats and combined, and on whether the freeholder could substantiate a claim for damages arising from a door having been inserted to link the flats, when the lease of each contains an absolute covenant against structural alterations.
Our services: We are able to produce preliminary and final expert witness reports, and give expert evidence in Court or Tribunal, in relation to alterations or additions, or damages arising from them, taking account of the Landlord and Tenant Acts and other relevant legislation, all in accordance with Part 35 of the Civil Procedure Rules and accompanying practice direction; Guidance for the instruction of experts in civil claims; Practice direction on pre-action conduct and code of practice for experts; Tribunal procedure (First-tier Tribunal) (Property Chamber) rules; Tribunal procedure (Upper Tribunal) rules; and RICS practice statement surveyors acting as expert witnesses. We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are able to provide Expert Witness Evidence in relation to alterations or additions, or damages arising from them. We are also able to provide further information about Expert Witness – Alterations or Additions.
