The Rent Review Specialist
The Commercial Rent (Coronavirus) Act 2022
27/09/2023
Acting for Mark & Sons Ltd, the Freeholder-Landlord of a public house in London SW19, I have helped achieve its objective for the rent payable for the protected rent debt period defined by The Commercial Rent (Coronavirus) Act 2022. This Act has a short life for the dispute procedure. Application for arbitration had to be made between 25 March 2022 and 24 September 2022. Unusually for arbitration, which is usually private, the award is published on the accredited body’s website, in this case, the RICS
https://www.rics.org/dispute-resolution-service/drs-services/covid-rent-arrears-arbitration
(Gouldbourn 3 - 13/07/2023 (PDF 0.20MB).
The Arbitrator was Simon Gouldbourn BSc MRICS ACIArb of KLM Real Estate, London W1.
Unusually, (the Act permits otherwise), commercially sensitive information is not excluded. If you are interested in reading the award, then you may do so.
https://www.rics.org/dispute-resolution-service/drs-services/covid-rent-arrears-arbitration
(Gouldbourn 3 - 13/07/2023 (PDF 0.20MB).
The Arbitrator was Simon Gouldbourn BSc MRICS ACIArb of KLM Real Estate, London W1.
Unusually, (the Act permits otherwise), commercially sensitive information is not excluded. If you are interested in reading the award, then you may do so.
The Commercial Rent (Coronavirus) Act 2022
28/03/2023
Acting for Yellowdice Limited, the Tenant of a nightclub in London SE11, I have helped achieve its objective for the rent payable for the protected rent debt period defined by The Commercial Rent (Coronavirus) Act 2022. This Act has a short life so far as the dispute procedure is concerned. Application for arbitration had to be made between 25 March 2022 and 24 September 2022. Unusually for arbitration, which is usually private, the award is published on the accredited body’s website, in this case, the Consumer Code for Online Dispute Resolution (CCODR) - https://www.ccodr.com/crcas-awards. If you are interested in reading the award, then you may do so. Still, likely, it won’t tell you anything because, under the Act, commercially sensitive information can be excluded from the Award, as has been done in this case.
Tin God
28/06/2017
At commercial property rent review, the dispute resolution procedure is either to an arbitrator or independent expert. Sometimes the lease provides for… For further reading, please visit LandlordZone
RICS Dispute Resolution Fee Increase
23/02/2017
On 1 March 2017, the RICS Dispute Resolution Services (DRS) is increasing its fee for applying to appoint an arbitrator or Independent expert to £425.00 (inclusive of VAT).
RICS Dispute Resolution Fee Increase
27/08/2015
On 1 October 2015, the RICS Dispute Resolution Services (DRS) is increasing its fee for applying to appoint an arbitrator or Independent expert to £395.00 (inclusive of VAT).
Expert Witness Lip service
01/03/2011
I have become so fed up with chartered surveyors paying ‘lip service’ to the RICS Practise Statement and guidance Notes for chartered surveyors acting as expert witness at rent review but ignoring the substantive provisions that I am going to make formal complaints to the President of the RICS.
In one case recently, the tenant’s expert witness surveyor, apparently on the RICS panel, failed to disclose that he and his firm are retained advisers for the tenant. The expert witness opinion was partisan and when challenged he said he was not answerable to me. Fair enough, but he is answerable to the RICS and being on RICS panel for dispute resolution appointed surveyors he has a duty to set a good example.
In another matter at present, where I’m acting for the tenant, the landlord’s surveyor now acting as expert witness, quite apart from describing his report as a submission, thereby confirming ignorance of terminology, is basically arguing the matter as if an advocate.
In one case recently, the tenant’s expert witness surveyor, apparently on the RICS panel, failed to disclose that he and his firm are retained advisers for the tenant. The expert witness opinion was partisan and when challenged he said he was not answerable to me. Fair enough, but he is answerable to the RICS and being on RICS panel for dispute resolution appointed surveyors he has a duty to set a good example.
In another matter at present, where I’m acting for the tenant, the landlord’s surveyor now acting as expert witness, quite apart from describing his report as a submission, thereby confirming ignorance of terminology, is basically arguing the matter as if an advocate.