The Rent Review Specialist
Expert Witness Lip service
01/03/2011
I have become so fed up with chartered surveyors paying ‘lip service’ to the RICS Practise Statement and guidance Notes for chartered surveyors acting as expert witness at rent review but ignoring the substantive provisions that I am going to make formal complaints to the President of the RICS.
In one case recently, the tenant’s expert witness surveyor, apparently on the RICS panel, failed to disclose that he and his firm are retained advisers for the tenant. The expert witness opinion was partisan and when challenged he said he was not answerable to me. Fair enough, but he is answerable to the RICS and being on RICS panel for dispute resolution appointed surveyors he has a duty to set a good example.
In another matter at present, where I’m acting for the tenant, the landlord’s surveyor now acting as expert witness, quite apart from describing his report as a submission, thereby confirming ignorance of terminology, is basically arguing the matter as if an advocate.
In one case recently, the tenant’s expert witness surveyor, apparently on the RICS panel, failed to disclose that he and his firm are retained advisers for the tenant. The expert witness opinion was partisan and when challenged he said he was not answerable to me. Fair enough, but he is answerable to the RICS and being on RICS panel for dispute resolution appointed surveyors he has a duty to set a good example.
In another matter at present, where I’m acting for the tenant, the landlord’s surveyor now acting as expert witness, quite apart from describing his report as a submission, thereby confirming ignorance of terminology, is basically arguing the matter as if an advocate.