Independent, Joint and Single Joint Inspections Explained: What’s the Difference?
Where a housing disrepair issue has escalated to a legal claim and formal court proceedings, it is important that evidence is gathered and presented in the right way. Given the complexity of some cases and the fact that every housing disrepair issue develops differently and is unique in its nature, there are various different ways in which evidence can be gathered and presented. These methods ensure that there is the correct level of collaboration and neutrality appropriate to the nature of the individual claim.
It is essential that methods of valuing properties and assessing or verifying safety conditions within a property are appropriate in order that the legal claim can be suitably evidenced and validated. The three types of property inspection adopted in these cases are independent inspections, joint inspections and single joint inspections. These differ in terms of the level of collaboration and neutrality required of the expert witnesses, and therefore it is important that the correct type of inspection is used by a party, with the aim of conclusively settling a case.
Understanding independent, joint and single joint inspections
Independent inspections - This is a type of inspection carried out by one party and without the other party in the dispute being represented. This could be the landlord asking a representative to inspect a property without the tenant being involved, or vice versa. A landlord may carry out an independent inspection to stablish a ‘first look’ at a defect before progressing with defending a claim, for example. Or they could use an independent inspection for internal compliance. The independent inspection only provides one point of view and therefore can be considered as biased and will often be followed by the opposing party carrying out their own independent inspection. However, it can be used as an expert second opinion on work carried out, in order to verify the quality of work and that a defect has been addressed, and therefore acts as valuable evidence in a dispute. It is also quicker and easier to arrange as it only involves one party.
Joint inspections - This is where two surveyors carry out an inspection of a property at the same time and are representing two parties, usually the landlord and the tenant. They will attend the property together and inspect the property together, ensuring they both view the same evidence throughout. A joint inspection is commonly used in housing disrepair disputes to ensure there is an agreement on facts, in order that a subsequent agreement on responsibilities and costs is reached more easily. This can bring more trust in the findings and a quicker resolution to disputes, but can take longer to arrange as it requires two parties to schedule the inspection. Two reports will be generated after the inspection which also poses the potential issue of the two surveyors still disagreeing on some details.
Single joint inspections – With this type of inspection, one single inspection will take place which is undertaken by an inspector representing and approved by the court, rather than either of the two parties in the dispute. However, the inspector has to be mutually agreed upon and therefore instructed by the two disputing parties. This type of inspection is commonly used where a dispute requires an impartial and conclusive view, perhaps where a previous joint inspection couldn’t find an agreement on a specific issue. This is usually effective in resolving disputes providing that view is authoritative, trusted and respected, as a single report is issued which has to be without bias. However, if one party still disputes the findings of the inspection, it can be difficult to challenge this.
Which type of inspection do you need?
If you are still uncertain as to which type of inspection you need, we have summarised the options here:
Independent inspection – Only one disputing party is represented in this inspection, and only one party would instruct the inspection. There is low objectivity with this inspection as there could be an accusation of bias. You would therefore use an independent inspection for routine safety checks or for an initial inspection prior to formal proceedings.
Joint inspection – Both disputing parties are represented with this type of inspection and the two inspectors are jointly instructed by both parties. Objectivity is better as the inspection is carried out at the same time and based on the same findings. This type of inspection is commonly used in housing disrepair disputes where both parties need to have a witness to the same findings, but also want to be individually represented.
Single joint inspection – Just one neutral inspector is used for this type of inspection, but they are jointly instructed by both disputing parties and are essentially representing the court for an impartial view. Objectivity is high as a result of this and, therefore, this type of inspection is used to settle a legal dispute quickly and without incurring further costs.
Flexible inspection services from Redfearn Experts
Where you need flexibility in your expert witness and inspection services, but also experience, knowledge and consistency, Redfearn Experts can represent you for independent, joint or single joint inspections. We can tailor our service to meet the needs of your individual case, and always with professionalism and critical skills, so contact our team today to learn more about our expert witness inspection services.
