31. As these retirements were taking effect around Easter, I felt it better to wait until after the Easter celebrations before making any appointments. 32. Some clauses therefore provide that an appointment may be made by a duly authorised deputy, or a person acting on behalf of the President. 33. If, for some reason the nominated appointor cannot or will not make an appointment, the court is likely to provide alternative machinery for determining the rent. 34. Such a right should be made exercisable by notice given before the earliest date upon which an appointment may be made. 35. In all cases, if the landlord and the tenant are unable to agree on the identity of the rent reviewer, the RICS will make the appointment. 36. The parties therefore need to have agreed that, where they cannot agree on the identity of an expert, the appointment may be made by a third party. 37. Will the court prevent an appointing authority from making an appointment because one of the parties objects to the reference proceeding? 38. The client should be told that if he or she wishes to discuss the claim, this will generally be welcomed but that they must make an appointment first. 39. If I am not available when you telephone, my secretary,, will take a message and can make an appointment if necessary. 40. If your client is to be examined the letter of instruction should give full contact addresses and telephone numbers to enable an appointment to be made. |