Parties to arbitral proceedings can challenge the arbitrator’s award on the ground of a serious…
The Court of Appeal today dismissed an appeal brought by a leaseholder who argued that a misapplied index-linked rent review overcompensated the landlord for changes in the value of money.
The apparent simplicity of linking rent increases to inflation rather than market rents hides a multitude of potential traps, warns Bill Chandler
Elmfield Road Ltd v Trillium (Prime) Property GP Ltd [2016] EWHC 3122 (Ch); [2016] PLSCS 350 concerned the interpretation of complex rent review provisions in a reversionary lease, which gave…
Rent review Arbitration
Rent review – Arbitration – Substantial injustice – Parties referring dispute to arbitration – Claimant landlord challenging arbitrator’s award – Whether arbitrator complying with duties – Whether arbitrator’s decision containing…
Landlord and tenant Rent review
Landlord and tenant – Lease – Rent review – Rent review clause giving defendant landlords right to review yearly rent – Defendants reviewing and increasing rent in 1988 – Defendants…
Most landlords prefer upward-only rent reviews, which guarantee that rents will go up if market rents rise, but will never go down if market rents fall.
Lease – Rent review – Arbitration – Lease providing for rent review – Parties carrying out review by arbitration — Claimant landlords disputing rent review awarded by arbitrator – Second…
Sumner and another v Costa Ltd and another. [2014] EWHC 96 (Ch). CHANCERY DIVISION. Clive Freedman QC (Sitting as a Deputy Judge of the High Court).
Landlord and tenant – Rent review – Construction – Claimant landlord seeking proper construction of rent review provisions contained in subleases of flats – Whether machinery by which provision to…