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
between the parties to The cost of an application
to the RICS for the appointment of an Arbitrator or an Independent
suitable appointee side, but this in happens.
with the reality
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
Independent Expert Determination
is a private Independent
process where Expert
He can use
a his to
by the various parties.
Arbitration is a judicial,
binding process where the appointed third party provides a
decision based evaluation of representations.
a: 24 Old Burlington Street, Mayfair, London, W1S 3AW
empowered to use his own expertise in the decision making.
The Arbitration Act 1996 allows
both parties appropriate
to agree procedures
resolving their dispute. It is usual for the parties involved to hold a
preliminary Arbitrator to directions.
The standard way to proceed is
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.
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
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
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