Dispute resolution
Rent Reviews
Most leases of over 5 years allow the landlord to review the rent payable. Most reviews are settled by agreement.
Unresolved rent reviews are referred to a third party – an Arbitrator or Independent Expert - who is an experienced chartered surveyor usually appointed by the President of the Royal Institution of Chartered Surveyors.
Each party will want its case to be put to the third party by an expert witness.
To be effective, an expert witness really has to be expert, with an outstanding knowledge of the relevant market and with the ability to reason logically and persuasively. .
Lease Renewals
At the end of a lease a tenant will often have the legal right to remain in occupation, on terms to be agreed.
The landlord does have certain grounds under which he may be able to obtain possession.
A thorough knowledge of the relevant statutes is vital, particularly on the timing of the required formal notices.
Most lease renewals are agreed amicably by the parties. Unresolved lease renewals are decided by the Courts which can be a long and costly process.
As an alternative to court proceedings, both parties can agree to put their cases before an Arbitrator or Independent Expert under the PACT scheme.
In either case an expert witness will be vital.
Other Disputes
The capital value of a property where a tenant exercises an option to purchase.
The rental value of a property where the tenant exercises an option to extend the lease.
Service charge disputes.
The extent of a tenant’s liability for repair to a property (dilapidations).
