REVIEW – COMMERCIAL LEASE
rent review is usually by way of the following methods:
is common for a commercial lease to contain a clause that enables the
owner to increase the current rent at regular periods and allows for
arbitration or expert opinion on dispute. Usually the determination
is final as under the terms of a typical lease both parties are bound
by the decision of the determining valuer. An appeal to the court can
only succeed if the determining valuer has made a fundamental mistake
such as determining the rent on the wrong property!
to market rent clauses are likely to encourage conflict
between the parties particularly where the landlord has tried to
draft the clause to exclude the effect of incentives on market rent.
However, it is difficult to draft a watertight clause to achieve this
review clause may fail to provide for other matters of importance in
valuation and the valuer must decide by rules of construction whether
or not he/she can imply other matters not expressly dealt with. This
is a question of law as well as valuation.