Agreed areas and precedent
11 May 2025(2025 May) – At rent review, it’s usual for the surveyor who acts for one of the parties to tell the surveyor acting for the other party that what had been agreed previously should be agreed again – even if the latter is a different person. Where the parties’ surveyors are the same as before, then it generally makes sense to agree – assuming the premises are unaltered. But where one surveyor is new, does it?
For example, floor areas. It’s not unusual for individual surveyors measuring independently to come up with different areas. I strive to be accurate, but that doesn’t mean my areas are correct. Since my areas and the other party’s surveyor’s areas often differ, compromise is common, if only to save having to inspect jointly. Some tenants’ in-house surveyors (no names!) deduct circa 10% from the total area to reduce costs. On referral, an Independent Expert would measure for her/himself and the resultant area would be used for the determination, regardless of any Statement of Agreed Facts. A surveyor acting as expert witness should also measure for her/himself, and not rely on what he/she has been told by others.
A previous agreement between the parties and/or their surveyors does not set a precedent unless recorded in a legal document. A valid point that is the basis for a dispute – and a court order – where I have just been instructed by a tenant to interpret the lease and provide an expert opinion on what should be agreed.
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