A chartered surveyor should be able to read?
11 May 2025(2025 May: LinkedIn) – (1) Please correct me if this is wrong, but I think that a person with a professional qualification, MRICS or FRICS, should be able to read.
The landlord’s surveyor (FRICS) had referred to the RICS for the appointment of an arbitrator. The appointed asked the landlord’s surveyor for a copy of the lease. When the tenant instructed me and sent me a copy of the lease, I read that the third party should be an Independent Expert, so I told the appointed. He again asked the landlord’s surveyor for a copy of the lease. After the 5th attempt to get a response from the landlord’s surveyor, I obliged. The third party confirmed the application should have been for an Independent Expert and has offered to resign or by agreement act as an IE. The landlord’s surveyor has opted for IE. I am considering how to capitalise on his mistake.
(2) For another matter, I agreed a Statement of Agreed Facts drafted by the tenant’s surveyor BSc Hons MRICS on condition it includes two paragraphs, one of which that in the event of a conflict between the SOAF and the lease and any related documents the lease prevails. The tenant’s surveyor had applied for an arbitrator, the arbitrator had issued directions before the landlord instructed me. Reading the referral procedure in the lease, it clearly states a determination by an independent surveyor, which to my mind means an Independent Expert. In a separate paragraph, it says that any reference to arbitration shall be conducted in accordance with the Arbitration Act 1996. There is no reference to arbitration, so the applicant should have applied for an Independent Expert. In my Report, I have, with respect, told the arbitrator that he should have spotted the mistake and brought it to the parties’ attention. And that if he continues, then he is not bound to confine his award to or within the extremes of the evidence presented.
The arbitrator, having considered, agrees with me. He now says he cannot continue because he doesn’t have any authority under the lease. He has offered to act as an Independent Expert, but can only do so if both parties agree and that his decision would be binding. If not, then he would resign and return the matter to the RICS to appoint an Independent Expert.
(3) Acting for the landlord on a rent review, the chartered surveyor acting for the tenant as expert witness claimed to specialise in rent review. He says the premises cannot be underlet, even though the lease expressly states they can. The rent isn’t high, but quite possibly lower than the surveyor is used to. In my opinion, the only reason for such a basic mistake is that he couldn’t be bothered. Despite his opinion that the market rent should be about half the current rent passing, the IE determined 10% higher than passing.
Inexperience might consider such mistakes academic and of no consequence, but to my mind, they undermine the applicant’s credibility as an expert witness. For a rent review dispute, the more ammunition the better.
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