What Is An Expert Dilapidations Witness?
Expert dilapidations witnesses are essential in providing specialised support to solicitors across a range of fields, including building surveying, commercial property, valuations, and construction advice or claims.
These professionals bring their expertise and experience to bear on legal matters, offering invaluable insights and evidence that can be crucial in resolving disputes or supporting court cases. Their impartial testimony can make all the difference in litigation proceedings, helping to clarify complex issues and provide clarity where needed. If you find yourself in need of expert witness services, we will be able to offer the professional support required for your case.
When dealing with dilapidations, two types of chartered surveyors are needed:
CHARTERED BUILDING SURVEYOR
This surveyor’s specialism is identifying and pricing the remedies of dilapidations within a property.
CHARTERED VALUATION SURVEYOR
An expert valuation surveyor with specialised expertise in property will assess the impact of any tenant breaches on the freehold value of a building.
Surveyors are crucial in determining landlord compensation, ensuring it's fair and accurate. They calculate the lower amount between repair costs or property value loss from breaches, which can be significant.
Expert Witness And Litigation
It is recommended by the courts that parties involved in these disputes first consider Alternative Dispute Resolution (ADR) as a primary option, making trial a last resort.
In ADR, each party must present their case with the utmost integrity. The testimony of an expert witness carries immense significance in influencing the final decision.
The ‘Diminution Valuation’ Defence
A landlord's liability is limited to the lesser of either the expenses for repairs or the decrease in the property's freehold value.
This process will typically only occur if the tenant decides to pursue it, as a landlord is likely to receive less money; the value impact is usually lower than the ‘cost of works’.
The tenant will engage a chartered valuation surveyor (‘valuer’) to validate the cap's applicability.
Landlords are required to follow Section 18 (Diminution Valuation) of the Dilapidations Protocol when not completing works. Also, when the former tenant's Diminution Valuation will need a strong rebuttal from an objective witness.
Get In Touch
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 professionals.
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.
Services
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.