SERVICES OFFERED

When Andy started his career, most commercial leases were for long periods of time, typically 25 years. To make sure that rents did not become eroded by inflation over time, those leases would typically contain upwards only rent reviews at 5 yearly intervals.

The rent review clause in a commercial lease will set out exactly how the revised rent is to be assessed, what time limits need to be adhered to and what will happen if agreement cannot be reached. On the face of it, the idea of a rent review sounds straight forward enough, but the pit falls are many. Over the years a huge amount of case law has built up addressing the various issues that have arisen.

If you are looking to appoint someone to advise you in negotiating a rent review, then as a minimum, you will need someone who is experienced in reading commercial leases, knowing what the clauses mean. The individual will need to be skilled in property inspection and measurement and will need expert market knowledge of the specific type of property and location. They will need excellent analytical and negotiation skills and of course a knowledge of market rental levels.

If negotiations fail, then in addition to the above, you will need someone who knows their way around the Arbitration Act 1996 and the RICS Practice Statements and Guidance Notes. The individual should be experienced in acting as an Expert Witness and preparing Expert Witness Reports.

Andy is well qualified to represent you. He has nearly 30 years’ experience of undertaking rent review negotiations. He is a recognised expert in rent review and a published author on the subject. He holds a Post Graduate Diploma in Arbitration and is recognised as having knowledge of Arbitration over and above that of a normal rent review practitioner. Andy was a member of the RICS Working Group, to write the RICS Guidance Note “Surveyors Acting as Arbitrators in Commercial Property Rent Reviews, 9th edition”.

Andy has written countless Expert Witness Reports over the course of his career. 

At the current time there is a tendency in the market for shorter leases. This has resulted in there being fewer rent reviews, but more lease renewals. 

If you are looking to appoint a surveyor to advise you in negotiating a lease renewal, then the skills needed will be similar to that needed for rent review (as detailed above) but, in addition, a more detailed knowledge of the Landlord and Tenant Act 1954 is required. Skills in applying case law to a particular circumstance are important, as is an understanding of legal notices, time limits, court proceedings and Alternative Dispute Resolution processes, such as PACT.

Andy is well qualified to provide advice to parties on lease renewal and is experienced in producing Expert Witness reports when negotiations fail.

If you would like to discuss any issue concerning rent review or Lease Renewal, then please do get in touch with Andy.

Please see the separate page for Arbitration and PACT services.