All posts tagged "Rent Review"
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 […]
Five Key Dates
Dec 2013 – For purpose of agreeing or determining a rent, there are five key dates: 1) the review date;2) the valuation date;3) the earliest date for implementing the dispute resolution procedure4) the date when the revised rent is payable; and5) the date when any back rent is payable. The review date is either specifically […]
Important – Take Notice
Dec 2013 – Amongst the many aspects of my work I love is lease analysis. Possibly it’s the same reason many people enter the legal profession, but for me the prospect of being able to pour over every word and phrase and get bogged down in detail is stimulating. Perhaps because investment is mostly about […]
Pre-pack Administration
Mar 2009 – My letter published in Estates Gazette, March 2009:“Whilst I agree with Anthony Ratcliffe there seems precious little difference between “phoenix” company and “pre-packs”, I do think landlords could do both themselves and the shop property sector a service by adopting a more robust approach to requests for assignment. Generally, alienation criteria in a lease […]
Procedure for review
Dec 2013 – The starting point for operation of a rent review is some form of notice. The form and phrasing of the notice, the timing of the notice, the mode of service, the identity of the recipient, the address for service, and so on, are all critical factors. Where a lease requires the tenant […]
Purpose of Rent Review
Dec 2013 – The purpose of rent review is threefold: 1) to enable the landlord to review the rent payable; 2) for the tenant to ensure the rent payable is no more or less than it should be; 3) for both parties to monitor the performance of the location […]
Rent Review – Time of the Essence
Mar 2009 – Acting for a trustee of a restaurant property in East London, I was instructed to advise and take over negotiations for a rent review where the landlord’s previous surveyor had failed to serve a valid notice and the tenant’s surveyor had questioned the effective date of the review. The trustee’s solicitors had […]
What is professional advice?
Jun 1985 – The role of the valuer, at a rent review or lease renewal, is to argue for his client’s best interests and for the tenant, ‘best’ generally means the lowest rental. Most landlords and tenants get frustrated by the complexity of the rent review system, but many small tenants are expressing their annoyance […]