Document downloads - Landlord and tenant
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Surveyors acting as expert witnesses
Published April 2014
Effective from 2 July 2014
Reissued February 2023
Surveyors acting as expert witnesses, 4th edition, applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in the UK,
The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness.
A stand-alone electronic version of this practice statement (without the guidance note) is also available for potential use with clients in connection with the particular requirement of PS 3.3.
This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity. -
Section 5 offer notice
Section 5 requires the landlord to serve an offer notice on the qualifying tenants of the flats contained in the property. Each offer notice must comply with the requirements set out in the subsection of Section 5 that relates to the particular proposed disposal:
Section 5A: a proposed contract to create or transfer an estate or interest in land (not applicable to the grant of an option or right of pre-emption);
Section 5B: a proposed sale at a public auction to be held in England and Wales;
Section 5C: a proposed grant of an option or right of pre-emption;
Section 5D: a proposed disposal not made in pursuance of a contract, option or right of pre-emption.
Where the disposal is wholly or partly non-monetary, the requirements of Section 5E must be complied with.
These document templates are provided as samples only. It is the user's responsibility to check and adapt them as necessary to suit the particular instruction and prevailing circumstances. -
Managing mixed use developments (ARCHIVE)
This document has been archived and is available on isurv for information purposes only.
This guidance note, published in September 2012, addresses the issue of managing mixed use buildings and estates, i.e. those with a mix of commercial and residential units; most specifically, long leasehold residential flats.
Relevant to properties in England and Wales, this document is based upon two previous RICS papers: Managing mixed use developments (2009) and Apportionment of service charges in mixed use developments (2009).
Managing mixed use developments (2009) is an information paper written to address the issues of mixed use buildings – those with a mix of commercial and long leasehold residential flats. -
The changing effects on domestic energy expenditure from housing characteristics and the recent rapid energy price movements (RICS)
Published May 2012
The report reveals that private tenants across England and Wales are more likely to incur higher energy bills than homeowners. -
Licence for alterations in commercial property (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This guidance note will be most relevant to surveyors dealing with tenant applications to make alterations at offices and industrial properties in England and Wales. -
Dilapidations (Hong Kong) (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
This publication is an adaptation of the RICS guidance note: Dilapidations, 6th edition (England and Wales), providing guidance to RICS members operating in Hong Kong.
It is intended to: adapt UK best practices for RICS members in Hong Kong dealing with dilapidations in leased premises, particularly dilapidation claims, forfeiture and break clauses in the lease/tenancy, and dispute settlement; and introduce a Schedule of Dilapidation (SD) Scheme to deal with dilapidations in Hong Kong. -
Private management of the urban public realm (RICS)
Published October 2015
The research looks at the implications of contracted-out publicness by private management of the urban public realm.
In the last decade, there has been a noticeable increase in alternative public space management arrangements based on transfer and contracting-out of managerial responsibilities to organisations outside the public sector, whether in the shape of community or private trusts, tenants organisations, Business Improvement Districts, or the contracting-out of managerial tasks to private companies or voluntary sector organisations under a variety of arrangements. -
Tenant representative process
Published March 2016
Effective from 11 April 2016
This guidance note, effective in Australia, aims to assist practitioners in professionally advising their tenant clients.
It covers typical requirements that advisors should be aware of, and clearly sets out the four key stages in the tenant representative process:
- detailed needs analysis
- the market review
- short list review and
- negotiation and documentation.