Commercial Property Expert Witness
Expert evidence on retail and commercial property value: rent at review and renewal, dilapidations and Section 18 diminution, and compulsory purchase and Part 1 compensation. The overriding duty is to the tribunal, not to the instructing party, and reports are prepared to RICS Practice Statement standards.
Areas covered
- Open market rent at rent review and 1954 Act renewal
- Dilapidations quantum and diminution in the value of the reversion
- Compulsory purchase compensation and Part 1 claims for injurious affection
- Retail viability, zoning and comparable evidence disputes
Background
Chartered Surveyor since 1989 with over forty years in retail property, a member of the Chartered Institute of Arbitrators, and a Senior Lecturer at Nottingham Trent University where he is course leader on the MSc Real Estate — having previously taught the law of lease renewals and rent reviews, dilapidations and compulsory purchase at Sheffield Hallam and Birmingham City universities.
Instructions
Instructions are accepted from solicitors and directly from occupiers, for arbitration, independent expert determination, court proceedings and the Upper Tribunal (Lands Chamber). Single joint expert appointments are also undertaken.
Common questions
- What qualifications do you hold?
- BSc (Hons), PG Cert, PG Dip, MA, MSc, MRICS, IRRV (Hons), MCIArb, MIPM, FHEA, FRSA — chartered since 1989 and academically active in real estate.
- Do you accept single joint expert instructions?
- Yes, where there is no conflict with existing tenant-side instructions.
- How quickly can you take an instruction?
- Availability is confirmed on enquiry along with a conflict check; reporting timescales are agreed against the tribunal or arbitration timetable.
- Do you provide advisory opinions before formal reports?
- Yes. An early view on merits and likely quantum often avoids the cost of a full expert report and helps settlement discussions.
- Will you attend hearings?
- Yes, including cross-examination at arbitration, county court and the Upper Tribunal (Lands Chamber).
- How are expert fees charged?
- On a time basis at an agreed hourly rate, with an estimate given at the outset. Conditional or success-based fees are never used for expert evidence.
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Talk it through
Initial advice is free — tenant side only.
Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.
chris@mcgarrigle.comRelated guides
- Rent Review Arbitration
How rent review arbitration works under the Arbitration Act 1996: appointment, directions, submissions, awards, costs and when to settle instead.
- Section 18 Valuation
Section 18(1) of the Landlord and Tenant Act 1927 caps dilapidations damages at the diminution in the value of the reversion. How the valuation works.
- Commercial Dilapidations Surveyor
Dilapidations claims challenged and settled for tenants: interim and terminal schedules, Section 18 cap, diminution valuation and Protocol compliance.