You are the freeholder, intermediate leaseholder, or leaseholder of a flat, house, commercial, or mixed use premises, and need an expert witness to produce a preliminary or final report, and / or give evidence in Court, or Tribunal, in relation to negligent property management.
Expert Witness – negligent property management. Preliminary or final report.
We are able to provide a preliminary report to assess the likely damages arising from a Claim for negligent property management, a final report, or a preliminary report, followed by a final report.
Expert Witness – negligent property management. 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, advice and guidance provided by RICS, property management codes of practice, the RICS Clients’ Money Protection Scheme, and other documents of relevance. Depending on the dispute, these might include, witness statements, condition surveys, service charge accounts, demands, statements, budgets, planned maintenance programmes, section 20 Notices, contracts, invoices, environmental surveys, planning applications and approvals, correspondence and other evidence.
Expert Witness – negligent property management. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the damages or potential damages for negligent property management. 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 – negligent property management. 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 – negligent property management. Examples of recent work.
We have recently:
Negligent Property Management: Reported on the negligent management of a mixed-use development and the potential damages, taking account of, property management codes of practice, service charge administration, action to collect monies due, client account administration, and borrowings to finance shortfalls.
Negligent Property Management: Advised on the liability and damages resultant from a management company either deliberately or recklessly failing to provide adequate information for major service charge expenditure that they knew about, or should have known about.
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 negligent property management, taking account of guidance provided by RICS, property management codes of practice, and the RICS Clients’ Money Protection Scheme, 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 negligent property management claims. We are also able to provide further information about Expert Witness – Negligent Property Management.
