Title Page
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Asset Reference
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Defendant: Stonewater (Landlord)
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Weather conditions
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Construction Type
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Approximate year built
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Time and Date survey undertaken
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Type of Tenancy: Understood to be a tenancy to which the provisions of S11 Landlord & Tenant Act 1985 apply.
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Inspection under taken by
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Is a Decant recommended?
Expert Witness Report Contents
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1.0 Issues of concern
2.0 Caveats and Limitations
3.0 Equipment used and Guidance Notes
4.0 Description of Building
5.0 Summary
6.0 Qualifications of the Author
7.0 Declaration
8.0 Appendix One
- Scott Schedule
9.0 Appendix Two
- Supplementary Photographs
1.0 Issues of Concern
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2.0 Caveats and Limitations
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2.1 This is not a full Building Survey.
2.2 Roof and floor voids were not inspected. Services were only visually examined. The premises were furnished and fitted with floor coverings, and no assessments could be made to any elements which were covered, unexposed or inaccessible.
2.3 Opinions as to dampness are based on a combination of visual inspection and electronic moisture meter readings. No destructive testing was carried out.
2.4 At the time of our inspection, the property was furnished and occupied. Where parts of the property were covered, unexposed or inaccessible and close inspection was not possible we are unable to comment on the condition of such elements. It may be possible therefore that damage arising from woodworm infestation, wood rot and decay or vermin infestation etc. may be present without our knowledge that becomes apparent subsequent to this report.
2.5 We have not carried out any specialist tests to determine whether any high alumina cement (HAC), calcium chloride, wood-wool slabs for permanent shuttering, calcium silicate bricks or fibrous asbestos materials were used in the original construction or any subsequent additions to the building, and as such, we are unable to report that the building is free from any hazard or hazards caused by these materials.
2.6 In accordance with your instructions, we have not tested services or installations such as the drains, sewerage, water, electricity and gas or any heating, ventilation or fire/lighting systems and we are unable to express an opinion as to their suitability, condition, or installation without the benefit of specialist’s advice.
2.7 The premises were inspected so far as fittings, furnishings, floor coverings and stored materials or stock allowed, and no provision was made for the temporary removal of these items. Coronavirus (Covid-19) virus restrictions and procedures prevented access and inspection of certain areas.
2.8 We have not made any enquiries with any statutory authority but would point out that Building Regulations and other legislation often have a material effect on the way in which the building is used and upon the cost of consequential works.
2.9 In accordance with our standard practice, we must state that this report is to be used by the party to whom it is addressed only, and no responsibility is accepted to any third party for the whole or any part of its contents.
2.10 Neither the whole nor any of this report nor any reference thereto may be included in any document, statement or circular nor published in any way without our prior written approval as to the form and context in which it will appear.
2.11 The report shall not be regarded as a form of specification and further investigation and measurement will be required prior to the preparation of a specification and description of works.
2.12 Estimated Costs
In the Scott Schedule, estimated budget costs are included for each item. These costs are not based on a detailed specification or Bill of Quantities. They are all inclusive figures (including, where appropriate, for such thing as scaffolding, removal of waste, redecoration). They are exclusive of VAT and any fees associated with preparation of a specification or administration of a building contract. They assume the work will be carried out as a single contract by a local jobbing builder. In practice where an Institutional Landlord carries out repairs itself, costs are likely to be reduced from my estimates as such Landlords are able to obtain economies of scale.
2.13 Lease Covenant
Homes(Fitness for Human Habitation) Act 2018 & Section 11 Landlord and Tenant Act 1985.
For the purpose of establishing disrepair, the statutory repairing covenants imputed to the agreement by the Homes(Fitness for Human Habitation)Act 2018 which updates Section11 Landlord & Tenant Act 1985, have been applied and are shown below. In addition, the Environmental Protection Act 1990 (Section 79) is applied, together with all prevailing legislation in connection with the establishment of a Landlord’s repairing obligations relating to disrepair.
2.14 Homes(Fitness for Human Habitation)Act 2018 (‘The Act’)
The obligations for Landlords imposed under the Homes (Fitness for Human Habitation) Act 2018 (‘the Act’) are applied. Noting that this legislation requires landlords to ensure that they are meeting their existing responsibilities with regards to property standards and safety.
2.15 Noting also that, under the Act, the Landlord and Tenant Act 1985 is amended to require all landlords (private and social) to ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout. This report takes into account that The Act states that there is an implied agreement between the tenant and landlord at the beginning of the tenancy that the property will be fit for human habitation.
2.16 Further, the factors applied by considering the matters set out in section 10 of the Landlord and Tenant Act 1985 are identified and accounted for, as whether:
• the building has been neglected and is in a bad condition.
• the building is unstable.
• there’s a serious problem with damp.
• it has an unsafe layout.
• there’s not enough natural light.
• there’s not enough ventilation.
• there is a problem with the supply of hot and cold water.
• there are problems with the drainage or the lavatories.
• it’s difficult to prepare and cook food or wash up.
• or any of the 29 hazards set out in the Housing Health and Safety (England) Reg
2.17 It is noted that, for the purposes of this inspection, the tenancy may impose express repairing or decorating liabilities on either the Landlord or the tenant in areas which lie outside those covered by statute.
2.18 Section 11 (Landlord & Tenant Act 1985) -Repairing Obligations in Short Term Leases
1. In a lease to which this section applies (as to which, see sections 13 and 14) there is an implied covenant by the Lessor: -
a) To keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes).
b) To keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fittings, fixtures and appliances for making use of the supply of water, gas or electricity).
c) To keep in repair and proper working order the installations in the dwelling house for space heating and hot water.
1.A If a lease to which this section applies is a lease of a dwelling house which forms part only of a building, then subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if: -
a) The reference in paragraph (a) of that subsection to the dwelling house included a reference to any part of the building in which the lessor has an estate or interest.
b) Any references in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which directly or indirectly, serves the dwelling-house and which either: -
1) Forms part or any part of a building in which the lessor has an estate or interest, or
2) Is owned by the lessor or under his control.
1.B Nothing in subsection (1A) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failing to maintain in good working order) is such as to affect the lessee`s enjoyment of the dwelling house or of any common parts, as defined in Section 60 (1) of the Landlord and Tenant Act 1987, which the lessee, as such is entitled to use.
2. The covenant implied by subsection (1) (the lessor`s repairing covenant) shall not be construed as requiring the lessor: -
a) To carry out the works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner or would be so liable but for an express covenant on his part.
b) To rebuild or reinstate the premises in the case of destruction or damage by fire, tempest, flood or other inevitable accident, or
c) To keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.
3. In determining the standards of repair required by the lessor`s repairing covenant, regard shall be had to the age, character and the prospective life of the dwelling house and the locality in which it is situated.
3.A In any case where: -
a) The lessor`s repairing covenant has effect as mentioned in subsection (1A) and,
b) In order to comply with the covenant, the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
c) the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs, then, in any proceedings relating to a failure to comply with the lessor`s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works.
4. A covenant by the lessee for the repair of the premises is of no effect so far as it relates to the matters mentioned in subsection (1) (a) to (c), except so far as it imposes on the lessee any of the requirements mentioned in subsection (2) (a) or (c).
5. The reference in subsection (4) to a covenant by the lessee for the repair of the premises includes a covenant: -
a) To put in repair or deliver up in repair,
b) To paint, point or render,
c) To pay money in lieu of repairs by the lessee or,
d) To pay money on account of repairs by the lessor.
6. In a lease where the lessor`s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours` notice in writing to the occupier, enter the premises comprised in the lease for viewing their condition and state of repair.
Any references in the Scott Schedule to lease covenants are a reference to the covenants reproduced here.
3.0 Equipment used and Guidance Notes
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3.0 Equipment Used and Guidance Notes
Moisture Measurement:
The GE Protimeter Moisture Measurement System (MMS) was used to measure wall, ceiling surfaces and timber skirting boards. Readings expressed as wood moisture equivalent (relative reading) The electrical resistance meter is calibrated to timber, therefore this type of instrument may be used a moisture meter to record accurately moisture levels in softwood timbers up to 28%.For timber to be acceptably dry the normal hygroscopic moisture level in soft wood timbers would be in the range of up to 8-14% for timbers to be decaying the moisture level of soft wood timber would need to be in excess of 20- 22%.
For measurements of dampness in masonry and plaster the electrical resistance meter offers a comparative reading (relative reading) to the moisture content of wood. For example if a relative reading in masonry or plaster is above 22% then this could be determined as a damp reading, on the basis that if a piece of timber was affixed to that section of masonry or plaster then eventually the moisture content of the timber would equilibrate with the wall and when the moisture content of timber exceeds 20-22% the timber would begin to decay.
Electrical capacitance meter (Part of the functionality of the GE moisture measurement system) with a radio frequency penetration of 19mm was used to randomly check (map) and test wall surface areas for any indication of raised reading (notional scale of 60-999) where readings above 199 can be an indication of dampness providing there is no conductive materials present at or below the surface of the wall being tested (see below). Electrical resistance meters can also record high relative readings from a range of ‘conductive’ materials that can be present in some building materials i.e. carbon, salts, metals, magnesium oxychloride etc. Great care has to be taken in the examination of the materials tested as to whether any conductive materials may be present. If in any doubt then it may be appropriate to undertake an invasive test using the Calcium Carbide method of chemical testing or taking samples of materials for testing by oven drying, weighing and subjecting the materials to a constant 75% relative humidity environment (Gravimetric test).
Relative Humidity:
During the survey, a Protimeter Hygromaster 2 thermal hygrometer was used to measure internal air temperature and relative humidity within the rooms surveyed. In general, the agents of decay in building materials – moulds, fungi, mites – can develop where the relative humidity in a room is between 75 – 85 per cent. Relative humidity above 85 per cent will cause these agents of decay to develop much more quickly.
The hygrometer also features an infra-red non-contact probe (Hygrostick). On a given building material, such as a plastered wall, the probe is used to assess the surface temperature at the time of the survey and the temperature at which condensation would occur (dew point) in that material. The temperature difference then provides an indication of how likely condensation is to occur. For example, if a plastered wall had a surface temperature reading of 10oC and a dew point temperature of 12oC, it would confirm that condensation is occurring at that moment. If the same wall had a surface temperature of 15oC, it would mean that the temperature would need to drop only 3oC for condensation to occur.
Hygroscopic salt contamination is to be considered; Chlorides and Nitrates (salts) can be retained within building materials and from groundwater (rising damp). As the water evaporates, these salts are left in the building and become concentrated on the wall surface over many years. These salts absorb moisture in the air, causing damp patches, and will grow and contract depending on the season and internal conditions.
Gypsum, lime, and renovating plasters can have an impact on damp issues, and while these will be commented upon if identified, this is often difficult without testing, and therefore, assumptions may be made.
4.0 Description of Building
Commentary
Equipment used on the survey
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- Moisture meter ( Protimeter MMS3)
- 3m Ladder
- Binoculars
- Thermal Imaging camera
- Laser Measure
- Crack Gauge
- Salts Analysis ( Chloride/ Nitrate) kit
- Plumb line/ Spirit Level
Findings and observations
5.0 Summary
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6.0 Qualifications of the Author
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Name and qualifications
7.0 Declaration
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I understand that my overriding duty is to the court and I have complied with that duty. I am aware of the requirements of CPR Part 35, its practice direction and the Protocol for Instruction of Experts to give Evidence in Civil Claims.
I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.
I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. -
Signature
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Date
8.0 Appendix One - Scott Schedule
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Please find Scott Schedule attached
