Alan A. Hyam
Published July 10, 2014
Reference - 288 Pages
ISBN 9781862879591 - CAT# Y173552
This new edition follows the same format as the previous, focusing on the determinations of rents upon reviews or renewals of leases of commercial and retail properties. It provides a detailed analysis of this narrow but complex area, in which the provisions of rent review clauses vary greatly from lease to lease, and even in the same properties.
It refers to the relevant valuation and legal principles, with extensive reference to case law, including the facts of each case, lease provisions, counsel's argument, and relevant excerpts from the judgments, bringing it up to date to the end of December 2013.
The book explains the history, purpose and operation of rent review clauses; the basis of assessment, including the interpretation of clauses, and definition of terms commonly encountered; the controversial question of lease incentives or inducements; the principles of assessment applied; determinations under retail shop leases; the distinction between "speaking" and "non-speaking" valuations; the functions of the valuer in the process, including the difference between a valuer and an arbitrator; the independence of a valuer; whether determinations are final and binding on the parties.
1. Introduction 2. Basis of Assessment 3. Lease Incentives or Inducements 4. Challenging Determinations 5. Principles of Assessment Applied 6. Retail Shop Leases 7. Speaking Valuations 8. Functions of the Valuer