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 damages arising from breach of covenant.
Expert Witness – breach of covenant. Preliminary or final report.
We are able to provide a preliminary report to assess the likely damages arising from a Claim for Breach of Covenant, a final report, or a preliminary report, followed by a final report.
Expert Witness – breach of covenant. Preliminary or final report – process.
We will normally inspect the property, undertake research, take account of condition, leases, deeds of variation, licences for alterations / additions, and other documents of relevance. Depending on the dispute, these might include, witness statements, condition surveys, service charge accounts, contracts, invoices, noise surveys, vibration assessments, disturbance logs, environmental surveys, planning applications and approvals, correspondence and other evidence.
Expert Witness – breach of covenant. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the damages or potential damages for breach of covenant. 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 – breach of covenant. 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 – breach of covenant. Examples of recent work.
We have recently:
Breach of Covenant – failure to provide operational car lift: Quantified the damages likely to be receivable by the lessees in a block of flats resultant from the freeholder’s failure to provide an operational car lift.
Alleged Breach of Covenant – alterations without consent: 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 damages arising from breach of covenant, 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 for breach of covenant claims. We are also able to provide further information about Expert Witness – Breach of Covenant.
