What Is An Expert Dilapidations Witness?
In court disputes, expert evidence may be required. An expert witness offers support to solicitors in areas like building surveying, commercial property, valuations, and construction advice or claims.
An 'expert witness' is a specialist professional who provides expert opinion to tribunals during disputes, drawing on their demonstrable expertise in the field.
When dealing with dilapidations, two types of chartered surveyors are needed: a building surveyor and a valuation surveyor.
CHARTERED BUILDING SURVEYOR
This surveyor’s specialism is identifying and pricing the remedies of dilapidations within a property.
CHARTERED VALUATION SURVEYOR
A valuation surveyor will work out the impact that any tenant breaches in contract will have on the freehold value of a property.
Each surveyor's expertise is crucial in determining the damages owed to a landlord. The amount payable is capped at the lower of either the cost of necessary repairs or the decrease in property value due to breaches, which can be substantial.
Expert Witness And Litigation
Less than 1% of dilapidations cases actually make it to court. The courts strongly advocate for parties in these disputes to try ADR first, making trial a final option.
Each party must present their case with integrity during ADR. The 'expert witness' evidence holds significant weight in determining the outcome.
Each expert dilapidations witness should be commissioned to prepare and present their evidence (reports) and to then attend the mediation (or arbitration), to be thoroughly questioned on them.
The ‘Diminution Valuation’ Defence
A landlord’s damages are capped at whatever the lower sum is between the cost of remedial works versus the impact on the property’s freehold value.
This process will usually only take place if the tenant pursues it because a landlord is likely to receive less money; the value impact is typically less than the ‘cost of works’.
The tenant will hire a specialist chartered valuation surveyor (‘valuer’) to confirm the cap's applicability, which is a common occurrence.
A landlord must use Section 18 (Diminution Valuation) when not carrying out works, as mandated by paragraph 9.4 of the Dilapidations Protocol. Also, when the former tenant's Diminution Valuation will need a strong rebuttal from an expert witness.
The Importance Of Genuine ‘Expertise’
In a dilapidations dispute, it is key to ensure that your expert witness reports are watertight. They must be able to withstand any scrutiny during cross-examination.
At Dilapsolutions, our surveyors have extensive experience and are accredited members of bodies such as RICS, Chartered Institute of Arbitrators (CIArb), and RICS Accredited Mediators.
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Need a chartered building surveyor to pinpoint and price necessary repairs? Or a chartered valuation surveyor to evaluate how breaches affect the property's value? Count on us for the most dependable property expert witnesses.
We have built a reputation for providing the highest calibre of both types of property expert dilapidations witness in dilapidations cases with the experience and qualifications to deliver the best possible outcome for your individual situation.
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Dilapsolutions
Chartered Surveyors
We are the only dilapidations consultancy in the UK & Ireland that provides both Chartered Building and Valuation Surveyors, ensuring the best results for our clients.