Rent review clauses in business leases have become increasingly complex over the years. This guide provides guidance on the wording of each part of such clauses and analyzes the areas of difficulty. The book deals with rent review clauses in business leases, and while it concentrates on the use and analysis of the more widely used reviews based on market rents, it also considers those calculated by alternative methods, such as the Retail Price Index, tenant's turnover, equity rents and headlease rents. There has been an explosion of case law in this constantly evolving area and this book considers and makes sense of the sometimes contradictory decisions. A number of rent review precedents are included in the appendices for easy reference.
Introduction to rent review; structures and forms of rent review clauses; valuation - the hypothetical lease; determination of rent; post-review and other procedural issues; alternative methods of review. Appendices: Trigger notice type of review; Law Society/RICS model forms; automatic rent review clauses; rent review clause requiring valuation of notional premises; rent review clause based on a vacant site; Section 34, Landlord and Tenant Act 1954; RICS guidance notes for surveyors acting as arbitrators and experts; examples of rent review memoranda; provisions for payment of an interim rent; provisions allowing review of rent review; index-linked rent review clause; turnover rent.
Jill Alexander is a Lecturer in Law at the University of Northumbria at Newcastle-upon-Tyne. She is co-editor of Conveyancing Practice.
Reviews for Blackstone's Landlord and Tennant Series: Rent Review
a helpful book. New Law Journal (Vol. 152, No. 7042, July 26 2002)