Lease extension overcharged surveyors fees - COVID EXCUSE?

LucindaPerry

Looking for some help/advice. 

I an bearing the end of the process to extend my lease. The landlords surveyors charged me £800 for their survey however, due to COVID they were unable to come to mine and carry out a full survey. They have completed a desktop survey instead, which is fine. 

My partner enquired how much they charge for a full survey vs a desktop survey. Full survey: £650 (which is the price on their invoice) and desktop survey: £400 (which on their invoice states that a desktop survey was carried out). 

I have asked to be reimbursed £400 for the costs as I paid £800 initially however they are refusing and I am on a time limit to complete by 1st November. 

I have saved up all I can for this lease extension (especially during this difficult time) and it seems unjustified that I have been charged for a service that I did not receive. I have queried it with my solicitor however, the surveyors are refusing to reimburse me. I cannot afford to escalate it to tribunal or pay for legal representation as the lease extension is costing me enough. 

What should I do?  
Feeling frustrated and deflated. 

Tracet74

Did you sign terms of engagement with them as that should have stipulated the fee?  Also, did you ask for the quote as if you were the freeholder as it's not unheard of for a freeholder's surveyor to charge more than a leaseholder's surveyor, as unfair as it sounds.  

eddddy

It depends what actually happened - was it one of these two possibilities?

1. The freeholder's surveyor sent you an invoice for £800 which you paid directly to the freeholder's surveyor.
2. You have received a completion statement from your solicitor, and it includes a £800 charge for the freeholder's surveyor.

If it's option 1, it's a matter of what the invoice said and/or the surveyor said and/or the freeholder said they would do in return for the £800. If they suggested that they would do a valuation visit, but didn't - you might have a basis for claiming for misrepresentation. (I guess your claim would be against your freeholder, as the surveyor was acting as your freeholder's agent.)


If it's option 2, you have to pay the freeholder's costs, but the law says they must be 'reasonable'. If you think £800 isn't reasonable for a desktop valuation, you can challenge it at a tribunal.

Jatinder77

eddddy said:

It depends what actually happened - was it one of these two possibilities?

1. The freeholder's surveyor sent you an invoice for £800 which you paid directly to the freeholder's surveyor.
2. You have received a completion statement from your solicitor, and it includes a £800 charge for the freeholder's surveyor.

If it's option 1, it's a matter of what the invoice said and/or the surveyor said and/or the freeholder said they would do in return for the £800. If they suggested that they would do a valuation visit, but didn't - you might have a basis for claiming for misrepresentation. (I guess your claim would be against your freeholder, as the surveyor was acting as your freeholder's agent.)


If it's option 2, you have to pay the freeholder's costs, but the law says they must be 'reasonable'. If you think £800 isn't reasonable for a desktop valuation, you can challenge it at a tribunal.

I totally agree.
LucindaPerry you should read this carefully because the damage inflicted by Covid-19 has been massive and is yet to be evaluated, but at the same time, it is important now, more than ever, to plan ahead and ensure that our financial positions are such that we can be prepared for such unforeseen situations in the future

MEM62

Put in a call to the RICS and ask for their opinion.