surveyor trying to bill me for work he hasn't done

assis104s

I have asked a surveyor to look over a property for me. He has taken 2.5 months to do precisely nothing. When I complained about it, he told me that his job was very complex and that I didn't understand the process. I asked to be provided his company's complaints handling process, but now he is saying that he has done some of the work and wants to bill me for it. I haven't seen anything, and am still waiting for this report!

Can he bill me for the supposed work he has done up until today even though he has not provided me with anything? What rights do I have in regard to this? I looked over his terms and coditions but it does not say anything about payment.

Please help as he's being quite bullying and I feel very intimidated into paying money for nothing and then have to get the work done again.

Manyy thanks in advance!

HiToAll

tell him to jog on and get another surveyor

HouseBuyer77

What kind of survey is it?

A standard homebuyers perhaps he's done the visit but not written the report. May be you have to pay him for his time here. Though you would have thought he'd just get on and do the report.

stator

Ask the estate agent whether he has visited the property or not

assis104s

It's acutally for a commercial property, but Im hoping it is the same process. I haven't seen a thing and I have had to chase him for the last 2.5 months! I don't think anything in the terms says anything about paying but I copy them for you guys below. Do let me know what you think. Many thanks in advance.

The terms are: I refer to our telephone conversation and thank you for your interest for XXXXXXX to act on your behalf in respect of the Rent Review negotiations/valuation relating to the above property.

I can confirm that we are willing (subject to the condition in the penultimate paragraph of this letter) initially, to undertake a rental valuation on your behalf and to advise you as to an appropriate rent in accordance with the terms of each lease. In which case, our professional fees for preparing this is to be £1000.00 (plus VAT at the prevailing rate and disbursements at cost, which will be deducted from the fee scale referred to in the foregoing paragraph should we subsequently be instructed to act on your behalf in the negotiations.

Should we subsequently be instructed to act on your behalf in the negotiations then our fees in this matter, to include accepting your instruction, considering the lease, inspection and measurement, valuation, subsequent negotiation and completion of the rent review memorandum are 7.5% of the agreed rental together with disbursements and out of pocket expenses, but subject to a minimum fee of £1000.00. All charges will be plus VAT at the standard rate and travelling by car will be charged at £0.50 per mile.

If we are unable to reach a negotiated settlement with your Tenant(s) or their agents and it proves necessary to refer the case for determination by dispute resolution by an Independent Expert or an Arbitrator in accordance with the lease, you will be liable for all additional fees and disbursements reasonably incurred. In accordance with the RICS Practice Statement and Guidance Notes for “Surveyors Acting As Expert Witnesses”, our fees will either be charged on an hourly basis at the rate of £250.00 (plus VAT at the prevailing rate) or alternatively, we can agree at the outset on an appropriate fixed fee.

It is, of course, expected and hoped that this course of action will not be necessary, but we will advise you at the appropriate time of our recommendations in this respect.
If the matter is settled by the parties during my appointment and my instructions aborted or terminated I will charge for time involved to that date from the date of appointment at the above hourly rate.

In negotiations should a legal or other issue arise or be discovered and then any additional works involved as a result you will be charged at the above hourly rate. If after consultation with you it is considered necessary to take legal or other specialist advice this will be agreed with the advisor appointed. It is, of course, expected and hoped that this course of action will not be necessary, but we will advise you at the appropriate time of our recommendations in this respect and seek your prior agreement.

The above terms and conditions are provided on the assumption that we are able to act on your behalf, which can only be confirmed once we have had the opportunity of considering the appropriate lease and any passing correspondence to date in relation to this rent review/lease renewal.

Any professional service provided by this firm in connection with this instruction will be in accordance with the RICS Rules of Conduct and as such, details of the firm’s complaints handling procedure is available on request.

Would you please confirm acceptance of these terms and conditions by signing and returning a copy of this letter by email or post.

G_M

On the plus side, there is no mention of advance or staged payments.

However it is fairly common for some staged payments in an ongoing service such as this. There are clearly a number of steps to the process, some or all of which may or may not be required, depending how things pan out as you progress.

It would not be unreasonable to invoice and expect payment as each step was completed. Indeed, I'd be surprised if the T&Cs did not somewhere mention staged billing.

You say:

He has taken 2.5 months to do precisely nothing.

Are you sure?
Has he visited the property? Undertaken a survey?Measuments?
Has re reviewed documentation eg the existing lease(s)?
Has he been researching, gathering and assessing comparable leases of other similar local properties to assist in determining a suitable rent?

He may actually have undertaken considerable work albeit he has not yet produced a report or other feedback for you.

Having said that, I would personally not expect to be invoiced until an initial report was produced, or some other feedback given - even if it was to say that after reviewing the documentation he was unable to assist further and thus this was his final invoice.