The strategic advantage of an expert witness report for landlords

Owning a buy-to-let isn’t for the faint-hearted—while profitable as an investment, it does come with several potential challenges, one of which is tenancy breaches and complications at the end of a lease. However, there is one way that landlords can reduce their risk and that’s with Expert Witness Reports.

What is an expert witness report?

As CWH Surveyors explain, an expert witness report is a “meticulous inspection of the property by a RICS-qualified surveyor, providing a detailed description of the construction and condition of the property at the time of inspection. [This] thorough report addresses a wide range of issues, including any problems that require urgent attention, are serious, hazardous, or could impact the valuation”. It differs from a standard property survey in that it’s specifically designed to meet the rigorous requirements of legal proceedings.

What advantages does it offer landlords?

Greater credibility and authority

An expert witness report transforms how evidence is understood and evaluated in legal disputes, because it’s presented in an objective way by a professional third party rather than simply by the landlord or tenants. This is a crucial distinction when judges, tribunals or solicitors are looking at the weight of evidence and assessing its reliability. Having the expert knowledge and proof from a professional surveyor goes a long way to strengthening your case as a landlord if you’re facing issues with your property.

Clarifies complex issues

Property disputes often involve technical matters that can be challenging for landlords or tenants to fully comprehend without the legal knowledge required. Where an expert witness report shines is in translating these complex issues like the significance of structural defects, underlying causes of damp or sophisticated valuation methods, into terminology everyone can understand. A clear outline of facts and figures makes handling disputes much easier and remedies any potential confusion between interested parties.

Facilitates an early resolution

One of the biggest advantages of an expert witness report is its capacity to resolve disputes faster. No-one wants the expense or time commitment of a legal issue dragging out for months before being resolved—presenting compelling technical evidence often reveals weaknesses in claims and demonstrates the strength of your position as a landlord in a way that can encourage settlement discussions far more quickly. It’s an objective foundation that’s valuable in negotiations or mediation discussions, helping all parties avoid the delays, costs, and uncertainties that come from protracted legal proceedings.

Identify risks early for due diligence

Part of a landlord’s responsibilities is identifying any potential liabilities or risks early on, so you can make informed and strategic decisions about how to proceed with any potential disputes that might arise.

An early assessment in the form of a professional report will help you identify genuine problems that require immediate attention so you can prevent any legal complications later on. It’s an incredibly important document for making decisions about where to invest time and money in your buy-to-let, and helps you decide whether to invest in full legal proceedings, seek early settlement, or address underlying property issues that might affect the dispute outcome.

When is an expert witness report necessary?

There are several instances when an expert witness report might be needed. The first is with significant disrepair claims, whether those are initiated by a landlord looking to prove that a tenant caused the damage, or defence against tenant allegations of defects in the property. Causation and the extent of the damage make witness reports incredibly useful here.

Valuation disputes that arise from lease extensions, enfranchisement proceedings, or damage assessments, also depend on specialised expertise. These disputes often involve substantial financial sums, so they benefit from professional assessment. The technical nature of these assessments and their significant financial implications make expert witness reports essential for protecting landlords’ interests.

Another issue that landlords can face is boundary or structural issues which require engineering or surveying expertise to handle. This might involve questions of party wall rights, the impact of alterations on a property, or even disputes over who is responsible for maintaining shared structures.

If you’ve faced issues with a contractor or another professional body, you may also need an expert witness report to determine if the work was performed to the appropriate standards or whether any deficiencies cause the problems that form the basis of the dispute. If a case is heading towards tribunal or court where high stakes are involved, whether in terms of financial exposure, property values, or ongoing business relationships, an expert witness report is often worth the investment as insurance against any adverse outcomes and as a tool for achieving the best possible resolution.

Choosing the right expert witness

Carefully consider who you choose for your expert witness, not only in terms of their qualifications and accreditations but whether they have experience of handling cases like yours. Many surveyors have specific areas of specialist knowledge so they’ll be best placed to handle the technical issues in your particular dispute, whether that’s structural issues, residential property problems or market assessment and valuation scenarios.

The value of matching expertise to your requirements can’t be overstated, so do your research before enlisting the help of any surveyor. Having the right expertise on your side will make dealing with any legal issue or dispute much less challenging and will increase the likelihood of you succeeding.