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, provide reasoned Determinations. If a reasoned determination is required this must be clearly identified and paid for prior to the Independent Expert making their inspection of the premises.
The additional cost of this is:
£2,000 + VAT
It will be left to the landlord and the tenant to decide how this fee 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.