All posts tagged "Independent Expert"
Bad bargain
May 2025 – Currently, I am acting for the landlord of a property whose upward-only review is to the greater of the market rent and uncapped index-linked. The dispute procedure is an independent expert. My client is not the original landlord, he bought the property at auction, but the tenant is the original tenant. The […]
Dispute resolution procedure at rent review
Feb 2016 – At rent review, the phrase ‘going to arbitration’ is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to invoke as […]
Independent Expert – getting your money’s worth
Aug 2025. In my experience, RICS-appointed Independent Experts fall in one of two categories. (1) Conscientious – by which I mean the IE will measure the premises and calculate areas regardless of what the parties might’ve agreed, investigate, research and test evidence for accuracy with the person(s) involved and not merely rely on pro-forma possibly […]
Independent Expert Determination on Rent Review
Jun 2025 – On referral, win most, lose a few; fair enough when the third party is someone who knows what he/she is talking about. But it irks when someone doesn’t. One such today. For no apparent reason, the RICS appointment of an IE was, according to the surveyor’s website, an arbitrator and mediator. As […]
RICS DRS – the first 50 years
Feb 2026 – The RICS DRS marking 50 years this year is to be congratulated. I have paid tribute direct including. of course, it helps to have a monopoly for appointments in probably every lease of commercial property in England and Wales. It wasn’t always thus. My experience of dispute resolution pre-dates the RICS DRS. […]
RICS DRS: Third party inexperience
Feb 2026. Rent review and third party reasons. I act for a freeholder/ landlord whose tenant is a quoted property company. The tenant sub-lets the property to two different occupiers. The rent review in the head-lease between my client and prop co went to arbitration. In my submission to the arbitrator, I advocated that the […]