DVs should make their reports to the landlord authority on the pro forma or on a locally prepared form if more suitable to the client authority. The covering letter to the landlord authority, where a principal council, should state "Your Council is recommended to treat this determination as 'Exempt Information' under Sch 12A Local Government Act 1972". Covering letters to other landlord authorities should use an "in confidence" endorsement.

Determinations should be made in memorandum form on A4 headed paper not being addressed to either party. The original should be kept by the DV in the file and the DV should send identical copies simultaneously to the landlord and tenant with short covering word processed stock letters informing each that he/she has that day forwarded an identical copy to the other party. The covering letter to the landlord authority only, where a principal council, should state "Your Council is recommended to treat this determination as 'Exempt Information' under Sch 12A Local Government Act 1972". Covering letters to other landlord authorities should use an "in confidence" endorsement. Covering letters to tenants should not be endorsed in any way.

All reports should record the following:-

a.

The address of the property

b.

The section and the Act under which the valuation has been made.

c.

A brief description of the dwelling (eg House and garage)

d.

The nature of the interest valued (ie freehold, or leasehold giving term and ground rent).

e.

The valuation date.

f.

The date of inspection of the dwelling.

g.

Easements, restrictive covenants etc: unless otherwise is the case the DV should state that he/she has not been made aware of any that have a material effect on the value.

h.

Any covenants or conditions including details of any service charges or improvement contributions payable (reference could simply be made to the s.125 notice).

i.

A list of those improvements (if any) that the DV has been informed were carried out by persons qualified under s.127(4) and consequently disregarded in that valuation. The improvements disregarded should not be quantified in terms of value in the report.

j.

Representations (s.128 determinations only): mention that such have, or have not, been received from each party.

k.

Details of any known structural defects that the landlord intends notifying to the tenant unless already included under f. Where defects other than those notified come to light during the DV's inspection of houses, that the DV considers should be notified to the tenant, the DV should draw attention to them in the report. The DV should confirm that all defects listed have been taken into account in arriving at the valuation. A DV should not refuse to provide house valuations to an authority consciously not notifying known structural defects, without first obtaining clearance from CEO(LS). The DV should also mention if the dwelling were of large panel system (LPS) construction.

l.

Any variations to the statutory basis of valuation under s.127 and Parts I, II or III of Schedule 6 HA 1985 should be specified.

m.

The report should state that no structural survey has been made nor the property
checked for contamination; neither have the services been tested; nor the roof void inspected (in those cases where the DV had no cause to inspect); and that no responsibility is accepted for the discovery or notification of structural defects. This provision should be included even in those instances where the RBS may have inspected the property and provided the DV with a report for the DV's own purposes. Mention should be made if the authority has been asked for a specialist report for whatever reason and this has not been provided.

n.

A statement that information provided by the landlord has been relied upon, that the basis of valuation is a departure from the RICS Valuation and Appraisal Manual, that the report should not be published in any form and should not be used for purposes other than the determination of the price under the RTB.

o.

If the dwelling is of a class designated as defective under Part XVI HA 1985 this should be stated.

p.

In mineralised areas the report should contain information as referred to in para 31.

q.

The valuation.

r.

Reports to landlord authorities (that are principal councils) should be endorsed 'Your Council is recommended to treat this report as Exempt Information under Sch 12A Local Government Act 1972'. Reports to landlord authorities that are not principal councils should be marked 'In confidence' instead.

s.

Normally reference would be made to a plan depicting the dwelling with its curtilage.

t.

The report should be signed personally by the valuer making the determination over the designation (s.128 determinations only) "District Valuer (for the purposes of the Section 128 determination)".

Under no circumstances are DVs to assist an authority by providing estimated service charges for services and repairs to flats together with listed structural defects for use by the authority in its s.125 notices. All estimated service charges, and any improvement contributions over the broadly five year initial period of the lease together with structural defects to be notified, should be provided by the authority at the same time as it refers a flat case to DV for a s.127 valuation.

Consequently where the required full information is not given DVs will not be able to provide their reports. If a DV notes that an authority is regularly submitting requests for flat valuations without full information so that the reports are held up the DV should request it to hold back formally submitting such cases until it can supply the necessary details.

Reports are made to the authority as client for its s.125 notice purposes and as such are confidential to it. An authority may ask the DV if a copy of the DV's report could be given to a building society or bank as prospective mortgagee of the tenant.

The DV is authorised in these circumstances to supply a copy of the report direct to the building society or bank. The copy report should be endorsed:-

"This is a copy of a report supplied to the ......... (authority) to assist them in providing a notice under s.125(2) HA 1985 and is not a valuation for mortgage purposes".

Copies of determinations may also be endorsed and supplied direct to lending institutions where requests are received. The copy of the determination should be endorsed:-

"This is a copy of a determination made by me in accordance with Part V Housing Act 1985 and is not a valuation for mortgage purposes".

Endorsements should be signed and dated. In covering letters to the building society or bank the DV should draw attention to:-

a. the endorsement;

b. that the valuation (determination) has been made on the statutory assumptions contained in Part V Housing Act 1985 and when appropriate is subject to any conditions imposed by the authority; and

c. that no structural survey has been made nor the services tested, nor the roof void inspected (where applicable).