It is not usual for an Independent Expert to provide the reasoning behind their rental Determination figure but, in response to demand, the PGB has now provided that PIRRS Independent Experts will, if required by either or both the parties to the rental dispute, providing this is clearly identified and paid for prior to the Independent Expert making their inspection of the premises, provide reasoned Determinations. The additional cost of this is £1,500 plus VAT with it being left to the landlord and the tenant to decide how this should be apportioned between them. If the parties cannot agree on such apportionment a reasoned Determination will not be provided.
Reasons given by Independent Experts in a PIRRS reasoned Determination will be less extensive than those written by Arbitrators in a reasoned Award, not least because there is no obligation upon an Independent Expert to deal with all the arguments put forward by the parties. A reasoned Determination will usually contain both a calculation and comments as to how such calculation has been arrived at but the extent of such comments will be at the Independent Expert’s absolute discretion and he will not subsequently
expand on them further.
It is important to understand that an Independent Expert will under such circumstances provide reasoned Determinations to both the parties notwithstanding whether or not each has contributed to the additional cost involved.