Other landlord and tenant
The firm can be said to specialise in landlord and tenant. We do little else, but we do virtually any work within that specialism. This usually (but not always) involves valuation.
Some examples of the work we do are:
Commercial rent review
Where rents under a lease need to rise to reflect changes in market rental value, there are clauses in leases which provide the principles and machinery whereby a rent review is conducted. We are experienced in dealing with the process, up to and including acting for landlords or tenants in references to arbitrators and independent experts.
Under Part II of Landlord and Tenant Act 1954 as amended, many commercial tenants have the right to a new lease on modern terms. The resulting negotiations cover the whole scope of the lease, and therefore involve solicitors as well as valuers like ourselves. The rent is obviously a very important factor. The Act provides the principles by which that rent is arrived at, and also provides that, if not agreed, the terms can be determined by the Court.
Valuations in professional negligence
Rarely, but occasionally, both lawyers and surveyors slip up. Sometimes, this can have severe financial consequences for their clients. If the professional is correctly judged to have been negligent, usually their professional indemnity insurers take over. Within our general valuation competence and particularly within our landlord and tenant specialism, we advise and assist either side with the assessment of the appropriate compensation, if any.
Valuation for Assured Tenancies
At the end of many long residential leases, the lessee becomes an Assured Tenant. Although this is rare, we have assisted several times in the assessment of the market rents for such tenancies.
Giving expert evidence
Members of the firm have given evidence on matters within their professional expertise before:
- The High Court
- The Technology and Construction Court
- The County Court
- The Upper Tribunal (Lands Chamber)
- The First-tier Tribunal – Property Chamber (Residential Property) (“FTT”)
- Rent Assessment Panel
- Independent Experts
Special rules exist as to the evidence surveyors and valuers can give before what are generically known as “Tribunals” such as the above, and the members of the firm adhere fully to these.