What Is An Expert Dilapidations Witness?
In legal disputes, the expertise of a surveyor may be crucial. An expert witness plays a vital role in providing professional support to solicitors in various areas such as building surveying, commercial property, valuations and construction advice or claims.
They are chartered surveyors, experts in the field, who provide professional opinions as witnesses during disputes. Their role is crucial in offering thorough and knowledgeable testimony to tribunals, drawing on their extensive experience and expertise within the industry.
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
A valuation surveyor will work out the impact that any tenant breaches in contract will have on the freehold value of a property.
Every expert plays a vital role in calculating the compensation 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
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.
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.
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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 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.
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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.