You are the freeholder, intermediate leaseholder, or leaseholder of a flat, house or commercial premises and need advice in relation to a residential or commercial property issue.
We are often asked to provide advice on a wide range of matters, including unusual situations, involving residential or commercial property issues, where there is a need to carefully and logically think through the factors of relevance, their implications, and how the situation can be utilised to the client’s benefit.
After providing our initial advice, we are often instructed to undertake follow up work, which might include research, calculations, negotiation, or identifying issues upon which to obtain advice from a solicitor, or an Opinion from Counsel.
Consultancy – property issues. Preliminary or final report.
We are able to provide a preliminary report on residential or commercial property issues, a final report, or a preliminary report, followed by a final report.
Consultancy – property issues. 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 property related issue, these might include, witness statements, service charge accounts, tenders, contracts, planned maintenance programmes, invoices, service charge accounts, correspondence and other information.
Consultancy – property issues. Cost benefit analysis.
We may, or may not have been involved in prior negotiations, if the property related issue is one over which there is, or upon our advice, becomes one where there is a need to negotiate a settlement. 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 mediation process, or a hearing in Court or Tribunal.
Consultancy – property issues. Mediation, or hearing in Court or Tribunal.
If the property related issue is one over which there is, or upon our advice, becomes one, where there is a need to resolve a dispute, we are able to advise on Mediation, or give expert evidence to a 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 with Mediation, we are able to provide advice relating to the process.
If a decision is taken to proceed to Court or Tribunal, we are able to prepare and give expert evidence at the hearing, after which the Court or Tribunal will issue their determination.
Consultancy – property issues. Examples of recent work.
We have recently:
Consultancy – property issue – Agio Claim: Provided desktop advice on the premium that might be payable in the event of the client instigating an Aggio type Claim for extension of the lease of the residential parts or a mixed use building, and on the opportunity to increase the sale price, by calculating the potential saving to the purchaser from the vendor starting the process, rather than the purchaser having to wait a period of two years from the date their purchase is registered at the Land Registry before being able to make a Claim.
Consultancy – property issue – strategic valuation advice and later negotiation of sale of freehold: Reported to Administrators that, in order to obtain a share of marriage value, they should wait until the leases in a block of flats had less than eighty years unexpired before entering into negotiations to sell the freehold to the lessees. Subsequently negotiated with the lessees for the block to be sold on a voluntary basis.
Consultancy – property issue – elasticity of demand for short-term lettings: Assessed whether it might have been possible for the prices charged to have been higher, for short term property rentals, had a business previously registered for the payment of vat under the Tour Operators Margin Scheme.
Our services: We are able to provide consultancy advice, including on unusual types of situations involving residential or commercial property issues, which may lead to a need to negotiate a settlement, a mediation process, and or for us to produce expert witness reports, and give expert evidence in Court or Tribunal 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 advice on a wide range of issues, including unusual types of situations, involving residential or commercial property issues, and are able to provide reports and assistance with Mediation, or Expert Witness Evidence. We are also able to provide further information about Consultancy – property issues.
