The Rent Review Specialist
Concurrent complex submissions
14/11/2023
Every so often, a rent review is referred to an arbitrator or independent expert, depending upon the dispute resolution procedure in the lease. And, every so often, depending upon whether I am acting for the landlord or the tenant, the dispute resolution procedure requires me to comply with a timetable for submissions and counter-submissions or reports and replies depending on whether I am acting as an advocate or an expert witness. Such submissions or reports are never short: generally, I write approximately 20,000 words, followed by another 10,000 or so for the counter-submissions or replies.
Unless instructed at the dispute resolution stage, I rarely charge extra for “going to arbitration”. Concentrating on carefully crafted writing is so demanding that time slips by. Usually, referrals, as the dispute procedures are known by, occur occasionally, but recently, I have been dealing with two concurrently—one for a landlord of a trade counter and one for the tenant of a nightclub.
Usually, my typical working day is from about 09:00 until 19:00, but two referrals took them until 22:30 and the last few days of one until 23:45 on a Sunday. 12-14 hours working days is exhausting but satisfying; fortunately, I sleep well. I thanked the nightclub client for what I have found the most challenging referral I have dealt with in my entire career: I suppose, too, I should thank the landlord - for had it not been for the landlord’s desire to double the rent of premises of the Government’s enforced closure from the start of Covid-19 lockdown 1 in March 2020 until July 2021 the opportunity to exercise my skills to the limit might never have arisen.
Unless instructed at the dispute resolution stage, I rarely charge extra for “going to arbitration”. Concentrating on carefully crafted writing is so demanding that time slips by. Usually, referrals, as the dispute procedures are known by, occur occasionally, but recently, I have been dealing with two concurrently—one for a landlord of a trade counter and one for the tenant of a nightclub.
Usually, my typical working day is from about 09:00 until 19:00, but two referrals took them until 22:30 and the last few days of one until 23:45 on a Sunday. 12-14 hours working days is exhausting but satisfying; fortunately, I sleep well. I thanked the nightclub client for what I have found the most challenging referral I have dealt with in my entire career: I suppose, too, I should thank the landlord - for had it not been for the landlord’s desire to double the rent of premises of the Government’s enforced closure from the start of Covid-19 lockdown 1 in March 2020 until July 2021 the opportunity to exercise my skills to the limit might never have arisen.
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
Dispute Resolution Procedure at Rent Review
26/02/2016
At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to invoke as a negotiating ploy. For whatever reason, it is important to understand what you are letting yourself in before taking the step or allowing the procedure to run its course. For further reading, please visit LandlordZone: click here
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.