Post by Patrick Torsney on Oct 8, 2012 8:49:56 GMT
Important info from HLPA on an increase in surveyor's fees in disrepair cases:
After a long and sustained effort by HLPA, Shelter, ASA and LAPG, the MoJ has now concluded its review into appropriate hourly rates to pay to surveyors in disrepair cases. As you know, the current rate is £50 per hour.
A review of available data, including data supplied by HLPA, showed that the average hourly rate in London is £125 per hour and out of London is £95 per hour. As all experts’ rates (alongside solicitor and counsel’s rates) were to be codified and reduced by 10%, the new guideline hourly rates for surveyors in housing disrepair cases are:
Outside London – up to £85 per hour In London – up to £115 per hour
The MoJ have advised that it is unlikely that these rates will be codified in a statutory order before April 2013. Therefore, we will need to make applications for prior authority to instruct surveyor’s at these rates.
The MoJ/LSC are going to issue guidance to caseworkers at the LSC so that they are aware of these new guideline rates. They aim to issue this guidance by 1st October 2012.
As far as I am aware, the LSC still hasn't produced this guidance.
Post by Colin Henderson on Nov 1, 2012 10:21:19 GMT
The announcement is on the Civil News section now. The Guidance itself is brief and adds nothing more. Disrepair claims as we have know them are on the way out due to LASPO. They also have a habit of losing priority to super-urgent evictions/homelessness/etc. Housing practitioners now have a 5 month window to commission proper reports and get them going before they largely go out of scope.
Here's the text:
"Guidance on remuneration of surveyors in housing disrepair matters
The Ministry of Justice (MoJ) has confirmed the position regarding the level of fees that it considers will generally be acceptable for surveyors providing reports in housing disrepair cases.
Following discussions with representative bodies the MoJ is satisfied that the type of investigation and diagnostic survey of a property involved in a housing disrepair case would generally involve more complexity than a routine property valuation under the Proceeds of Crime Act (on which the current surveyor codified rate of £50 per hour is based).
The MoJ therefore accepts that a surveyor acting as an expert witness in a legally aided housing disrepair matter would generally meet the exceptionality criteria set out in paragraph 2(a) of section 2 of Schedule 6 to the Community Legal Service (Funding) Order 2007 (S.I. 2007/2441) (as amended).
The MoJ has therefore confirmed that, where a surveyor undertaking an investigation and diagnostic survey of a property in a housing disrepair matter meets the exceptionality criteria set out in the funding order, then the following rates should usually apply: Outside London: Up to £85 per hour In London: Up to £115 per hour
It is anticipated that these rates will be codified in 2013. In the interim, providers seeking to instruct surveyors in disrepair matters at the above rates must submit an application for prior authority."