Independent Expert – getting your money’s worth
4 August 2025(2025 Aug) – In my experience, RICS-appointed Independent Experts fall in one of two categories. (1) Conscientious – by which I mean the IE will measure the premises and calculate areas regardless of what the parties might’ve agreed, investigate, research and test evidence for accuracy with the person(s) involved and not merely rely on pro-forma possibly lacking in detail. (2) Charging as much as they can get away with for doing as little as possible – by which I mean relying on everything the parties provide, areas, evidence, etc: in other words, acting as if an arbitrator, judging not valuing. In my experience (2) are the minority, but perhaps the conscientious might be the minority?
The basis for (2) is Wallshire Ltd v Aarons 1989, enabling an IE to rely on what the parties’ representatives provide to the exclusion of all else. To ensure an IE takes everything into account, it is a norm for the parties to be represented by surveyors. So, as there is judicial support for total reliance, the likelihood of a claim for negligence succeeding against an IE who has availed of Wallshire undermines what the parties envisaged for the review if in practice the IE acts like an arbitrator.
The only question an IE has to answer is what rent the IE would expect to achieve if instructed to let the premises on the review valuation date on the same lease/hypothetical lease. The parties’ representations are akin to a side-show, but they become the main attraction for an IE taking full advantage of Wallshire and intent upon category (2).
RICS DRS appointments are pot-luck: the parties won’t know who is appointed until either the DRS forewarns by disclosure for the parties’ comments or on appointment. Depending upon your experience of the appointed, you are not going to know whether in category (1) or (2). You could ask the appointee whether he/she will measure and calculate areas and research evidence, or rely on what the parties present. I’d be surprised if an IE would commit to begin with. Although in principle a yes or no, the more likely one or the other would only be decided once all representations are in.
The alternative is to leave the IE with no choice, but to measure and calculate areas, to research, investigate and test tevidence. That can be achieved by not agreeing areas and not providing any rent and evidence in representations. Whether a surveyor acting as an expert witness has to provide the IE with answers on a plate is a moot point. Certainly an advocate doesn’t. So, if you want the client to get what the client is paying for then advocacy would be the way.
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