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ADB | RENT REVIEWS |

Leases will typically direct the dispute resolution procedures in the event parties cannot agree and this is usually in the form of the appointment of an Arbitrator or Independent Expert.

Where a tenant can apply for the appointment of an Arbitrator or an Independent Expert this can be worthwhile undertaking early on to minimise delays in the event of a

failure agree.

between the parties to The cost of an application

to the RICS for the appointment of an Arbitrator or an Independent

Expert

is

approximately

£300

including

VAT.

Alternatively,

you

may

wish

to

try

the

identity

of

a

suitable appointee side, but this in happens.

with the reality

other rarely

An

additional

way

of

applying

pressure through

to the

your

opponent

service

of

is a

Calderbank

Offer.

This

offer

increases the risk of your opponent having to pay all the costs in the subsequent arbitration. A Calderbank Offer should always be drafted appropriately and in the

prescribed form.

Independent Expert Determination

is a private Independent

process where Expert

an with

inquisitorial

powers

provides

binding decision.

He can use

own

expertise

in

addition

a his to

considering

representations

made

by the various parties.

Arbitration is a judicial,

private,

binding process where the appointed third party provides a

upon

their

each

sides’

He

is

not

decision based evaluation of representations.

a: 24 Old Burlington Street, Mayfair, London, W1S 3AW

www.adblondon.com

empowered to use his own expertise in the decision making.

The Arbitration Act 1996 allows

both parties appropriate

to agree procedures

on

the for

resolving their dispute. It is usual for the parties involved to hold a

preliminary Arbitrator to directions.

meeting discuss

with

the

and

agree

typically

through

submissions

and

The standard way to proceed is

written counter-

submissions with both parties and the Arbitrator with the right to call an oral hearing at a later stage if there are any matters of evidence which need to be examined in more detail.

Under the 1996 Act, the Arbitrator is able to make his own enquiries on matters of evidence. He will also produce a reasoned Award.

conclusion

any

party

undertaking

such

negotiations

or

their

Rent review complex and

procedures can be it is important that

representatives has a thorough understanding of the processes as

well as conditions

prevailing market and comparable

evidence.

It is important that time is allowed well in advance of the rent review date to avoid the risk of failure to meet any specified procedural steps - for example, by serving a counter notice or making an application for an Arbitrator within a strict time limit. Any correspondence should be carefully worded in the prescribed form to

t: 020 7494 0377

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