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Management company insisting on using their surveyor only.

1 reply

aviator · 03/02/2015 20:17

DSD has a flat she bought a few years ago. She did some alterations to the windows and doors, unfortunately she didn't realise she needed permission from the freeholder to do this. The management company (who we have since found out are a bit dodgy) have come at her saying she needs to use their surveyor (who we have checked has no known qualifications) to check that there is no structural damage that has been done. She will have to pay for the surveyor and a 'fee' to the freeholder (which I presume is for consent for the alterations).

Her solicitor has said that she thinks this is reasonable. I, however am seeing a conflict of interests. Surely if she is paying she has the right to use her own surveyor. And it all seems a bit dodgy - they are really insisting that she uses their surveyor. I can just imagine they will come up with all sorts of damage that they then want their dodgy builders to repair. Is this normal practise or am I being unreasonable?

OP posts:
prh47bridge · 03/02/2015 23:09

The surveyor will be working for the landlord, not for your DSD. Your DSD is paying the landlord's costs due to her unauthorised alterations, which includes the cost of a survey. She is not paying for someone to carry out a survey on her behalf. The management company (acting on behalf of the landlord) is therefore entitled to engage whoever they want to carry out the survey. If she is unhappy with the surveyor's report she can engage her own surveyor for a second opinion. If this were to end up in court and the landlord's surveyor is genuinely unqualified as you suggest the court is likely to prefer the opinion of a qualified surveyor.

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