Rent Review

To arrive at the right figure, the words must add up.

A lease is a legal document that defines the relationship between the landlord and the tenant. Leases vary in length from just a few lines to more than 100 pages and, contrary to popular belief, there is no standard form of lease in use generally, so the actual wording of the terms and conditions of each lease - the 'small print' - will differ.

All leases contain guidelines for operating the review, agreeing the rent, resolving disputes, responsibility for costs, completing the process and paying the new rent. Generally, a rent review is based on the market rent, and considered objectively, by reference to new lettings, other rent reviews and lease renewals in the vicinity, all of which is known as the "comparable evidence".

A rent review is by no means straightforward. Not only might it be necessary to make valuation adjustments when considering the comparable evidence, but also there is no standard lease in use generally, so guidelines vary, from the most detailed to the ambiguous and vague. In addition, because what happens during the term of a lease can change - for example, an assignment to a new tenant, and/or the premises sub-let, the head-lease (if any) and/or freehold investment sold to a new landlord, possibly licences and supplementary deeds entered into - any variations over the years that affect the lease, including those contained in documents related to the lease, can often introduce further complexities at rent review. And that is before considering the effect of any changes in business tenancy law and/or different approaches to rental valuation, which can mean that the basis upon which a previous rent review was agreed may not be the same now or in future. In short, because there are so many different permutations to consider, including the fact that each landlord and tenant is different, every shop is different and because business tenancy law and valuation work both ways, the landlord or tenant is often in a stronger position.

In my opinion, there's no point in having a lease and then not sticking to it.

Many landlords and tenants agree rent reviews between themselves frequently ignoring the guidelines in the lease but, in my experience, such agreements can often produce the wrong result. Often, the landlord loses out. Frequently, the tenant ends up paying more than necessary. In my opinion, there is no point in having a lease and then not sticking to it.

You will also enjoy subtle advantages in my acting for you. It puts a shield between you and the landlord or tenant, which will help with decisions, and you can rest assured your best interests are being served and carefully looked-after throughout. With expertise and guidance at every step of the way.

My comprehensive service includes all aspects of the review process, from serving notices, inspecting the premises, gathering evidence, to conducting negotiations, if need be 'going to arbitration', and finalizing the memorandum.

To contact me, please telephone 01531 631892 or email help@michaellever.co.uk

I look forward to helping you in some way.

Michael Lever