Advocate

An advocate is someone who argues a case for the client in legal proceedings in court or a tribunal or quasi-legal proceedings.

Unlike a lease renewal where the dispute procedure is either court or PACT, with a rent review, the dispute resolution is either to an arbitrator or an independent expert. The method is specified in the lease and in some leases the landlord has the right to decide which method is to be adopted.

In court for renewal of a tenancy, the parties' surveyors are unlikely to be allowed to act as advocate, instead they must act as expert witnesses. The rules relating to the conduct of expert witness and the approach to the rental value differ from advocacy.

At rent review, arguing the case for the client is not necessarily the best way to go about things, because the client's case may be contrary to the fundamental principles upon which rent review is based. I have developed a method of advocating to argue the client's case and comply with the fundamental principles of rent review.