RICS-appointed Independent Experts over-stepping their authority.
11 May 2025(2025 May) – On referral of a rent review to an Independent Expert appointed by the RICS, I have had enough of (some) appointed chartered surveyors over-stepping their authority.
An Independent Expert derives authority from the lease. Not the RICS. The RICS appoints the IE, that is all. After that, it is for the parties to agree the procedure or, in default, for the IE to decide. Not round the other way.
Generally, a lease will authorise the determination of the rent. The lease may stipulate that the parties can make representations and counter-representations. Sometimes, that representations are to be taken into account. It is helpful for the IE to provide draft directions, provided they tally with the lease, to give the parties surveyors something to go on. I don’t have any objection to that.
What I do object to is Independent Expert bias and policing for the RICS. In my experience, a default assumption by almost every RICS-appointed IE in the first draft directions is that the parties’ surveyors would act as expert witness. Rarely is there any mention that those surveyors could be advocates or act in a dual role, the latter provided they make it clear at all times in which capacity they are acting. So if a surveyor wants to advocate or in a dual role, then either the person has to tell the IE in advance so that the procedure allows for it, or risk not complying with the IE’s directions.
At circa £300 an hour, any changes to the first draft directions cost. Hourly rates that bear no relationship to the IE’s knowledge and know-how are bad enough, but charging to modify template letters is a rip-off.
As for policing on behalf of the RICS, IE insistence the parties’ surveyors provide a Declaration and Statement of Truth and comply with the RICS Practice Statement for chartered surveyors acting as expert witness, even if one or neither of the surveyors is a chartered surveyor, is a nonsense. You’d think by now that chartered surveyors, when acting as expert witnesses, know that compliance with a PS is mandatory. They don’t need to be told by an IE padding directions at an hourly rate of £300+.
Contrary to IE thinking, contrary also to some chartered surveyors not curbing their missionary zeal, the parties’ surveyors are not answerable to the IE, but to their respective clients. So, when months elapse from the date of the IE’s appointment to when asked to issue directions, the IE should remember their place and not criticise for the delay. If after a reasonable time they are fed up with waiting, then they should resign the appointment.
Some RICS Independent Experts say they will report breach of the RICS PS. I am not a chartered surveyor and not obliged to comply with the RICS PS. Next time I have to defend my right to not be subservient, I am going to report any IE whose attitude I consider should be brought down a peg or two for breach of core principles.
Return to Article