Arbitration and Third Party Proceedings
The majority of rent reviews are handled by way of negotiation however there are occasions when this is not possible.
There are a plethora of reasons why negotiations may from time to time fail and this is often due to differing opinions as to the rental value whether it be regarding a shop, office or industrial/warehouse property.
In this situation, where the lease allows, either the Landlord or the Tenant should make an application to the Royal Institution of Chartered Surveyors (RICS) for the appointment of a Third Party, whether that be an Independent Expert or an Arbitrator, depending upon the directions in the lease.
Whereas an Arbitrator will issue an Award on rent based upon the evidence presented to him/her within the Submissions prepared, an Independent Expert can determine the rent based purely on their expert knowledge. A lease will specify as to whether an application can be submitted for an Arbitrator or Independent Expert or in some cases a choice of either is available.
Every lease will differ as to the various arbitration clauses which will direct both the Landlord and Tenant on various issues such as the procedure in appointing a Third Party as mentioned above, the timescale allowed and importantly, how the costs of such action shall be Awarded/Determined or shared.
Once the process of Arbitration is complete and the Arbitrator or Independent Expert has made either an Award or Determination on the rental value of a particular property, his/her decision is final.
For more information regarding Arbitration/Independent Expert and the Appointment of a Third Party, please do call us and one of our team will be happy to talk the process through with you in depth.