Questions from Case Study Practice

Question 1

Before appointing the structural surveyor what documentation did you ask for?

Answer 1

1. Terms of Engagement

2. Proof of Insurance - public liability and PII

Question 2

What is the section 20 consultation procedure?

Answer 2

1. Notice of Intention
2. Statement of Estimates
3. Notice of Reason

Question 3

How did you carry out your inspection?

Answer 3

Four Step Approach

1. Prepare for the inspection - read lease/H&S
2. Personal Safety
3. Inspect externally
4. Inspect internally

Question 4

How did you carry out your conflict of interest check?

Answer 4

1. DOUBLE CHECK WITH SOMEONE

Question 5

For the dispute, what was the process that was followed on Arun’s CHP?

Answer 5

1. Requested their CHP
2. Issued a formal complaint to the senior member of staff
3. The defendant appointed a 3rd party independent expert who assisted in negotiations and put his opinion forward.
4. After assessing the response from the 3rd PIE, with my client, it was agreed it was appropriate.
5. The second stage of the CHP was not required.

Question 6

Why one wholly unconnected contractor?

Answer 6

To avoid conflict of interest and unconscious bias.

Question 7

What are the leaseholder rights, in relation to Statement of Estimates?

Answer 7

1. Right to view the estimates
2. Right to observations
3. Right to 30 day period to observe

Question 8

Why did you decide to issue s20 alongside dispensation?

Answer 8

1. Concern, due to covid there would be a delay from the tribunal.
2. To increase communications with leaseholders.

Question 9

how did you demonstrate no financial prejudice in your application?

Answer 9

I demonstrated competition by gathering comparable quotes.

Question 10

You said you met the landlord’s statutory h&s compliance - what are they?

Answer 10

HSWA 1974

Question 11

Was the application for dispensation withdraw?

Answer 11

Yes and this was communicated to leaseholders.

Question 12

Why did you say you should communicate more?

Answer 12

1. Inform/reassure
2. answer questions
3. reduce risk of disputes

Question 13

Who is monitoring the movement monthly?

Answer 13

Not me. Competent professional.

Question 14

What is the process followed by RICS DRS

Answer 14

A provider of alternative dispute resolution services.