Document downloads - Rent reviews and disputes
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Rent review inspection notes
The first role for any surveyor when instructed to advise either a landlord or a tenant on a rent review is to request copies of the lease and other relevant legal documents (e.g. licences for alteration and deeds of variation). Included should be as much information about the property as possible (including floor plans, a note of previous floor areas, information about works carried out by the tenant, and so on).
The surveyor should then inspect and measure the property and calculate the floor areas. This form is for making notes during such an inspection. -
Landlord initiating rent review
Some leases require rent reviews to be triggered by one party (usually the landlord) giving a notice to the other party. In some cases, failure to give the notice in accordance with the terms of the lease may lose the right to have the rent reviewed at that time.
This is a sample letter that can serve as a trigger notice.
IMPORTANT: This letter is for general guidance only. You must read the lease and are strongly advised to take legal advice if this letter/notice is being served in accordance with specific terms of the lease. Such letter/notice may be invalid if directions in the lease are not strictly observed. -
Tenant initiating rent review
Depending on the type of rent review clause, frequently rent reviews may cause disputes between landlords and tenants, with the former seeking the highest increase at rent review and the latter the lowest. Some leases require rent reviews to be triggered by one party, this is a form letter for the triggering of a rent review by the tenant.
IMPORTANT: This letter is for general guidance only. You must read the lease and are strongly advised to take legal advice if this letter/notice is being served in accordance with specific terms of the lease. Such letter/notice may be invalid if directions in the lease are not strictly observed. -
Landlord proposing rent
Formal and informal letters for a landlord proposing the rent.
IMPORTANT: These letters are for general guidance only. You must read the lease and are strongly advised to take legal advice if this notice is being served in accordance with specific terms of the lease. Such letter/notice may be invalid if directions in the lease are not strictly observed. -
Tenant proposing rent
Some leases require service of a rent review trigger notice which shall specify a proposed rent, in which case this should be included in the notice.
The wording used in the notice should be based on the relevant words of the lease. If the review clause states that a trigger notice must be served 'stating the amount that the Landlord considers to be the open market rent', then the notice could say 'I consider the open market rent to be [amount]'.
Failure to state the proposed rent in the notice may invalidate the notice unless the court considers that this element was not intended to be mandatory. The safest course is to comply exactly with the requirements of the review clause for the contents of the notice.
These are two form letters for such a proposal by the tenant, both formal and informal. -
Tenant's rent review counternotice
Some leases that require a rent review to be triggered by notice also require or allow the recipient to serve a counternotice in response.
This is common where the trigger notice is to include a proposal for the new rent and normally gives the recipient the opportunity to state whether or not he or she agrees with that proposal and, if he or she disagrees, either to make a counter proposal or to require the matter to go to third party determination.
This is a form letter for a counternotice from the tenant to the landlord.
IMPORTANT: This letter is for general guidance only. You must read the lease and are strongly advised to take legal advice if this letter/notice is being served in accordance with specific terms of the lease. Such letter/notice may be invalid if directions in the lease are not strictly observed. -
Landlord's rent review counternotice
Some leases which require a rent review to be triggered by notice also require or allow the recipient to serve a counternotice in response.
This is common where the trigger notice is to include a proposal for the new rent and normally gives the recipient the opportunity to state whether or not he or she agrees with that proposal and, if he or she disagrees, either to make a counter proposal or to require the matter to go to third party determination.
This is a sample letter that can serve as a counternotice from a landlord following a tenant's initiation of a rent review. -
Rent review notice of reference to a third party
If it is not possible to settle the rent review amicably during negotiations, the rent review clause will generally lay down a procedure for the appointment of a third party. Provision will usually be made for the parties to attempt to agree themselves on the identity of a third party, or, in the absence of agreement, to apply to the president of RICS to make the appointment.
This is a sample letter used to inform one of the parties that the rent review has been referred to a third party.
IMPORTANT: This letter is for general guidance only. You must read the lease and are strongly advised to take legal advice if this letter/notice is being served in accordance with specific terms of the lease. Such letter/notice may be invalid if directions in the lease are not strictly observed. -
Rent review time of the essence notice
In rent review, a party may sometimes make time of the essence for a time limit by serving a formal notice on the party in default. This concept is familiar to conveyancing lawyers, but it is now firmly established that the remedy also applies to rent review.
This is a sample letter used to inform the landlord that the tenant is making time of the essence with respect to rent review. -
Rent review Calderbank offer
A Calderbank offer is a letter, expressed as 'without prejudice save as to costs', which contains an offer to the other party in the review inviting it to settle without taking the arbitration further. The letter must set out all terms to settle the dispute, principally rent and costs. It should also contain a time limit within which the other party may accept the offer.
IMPORTANT: Calderbank offers are binding offers to settle. You should ensure you have the appropriate authorisations and/or consents from your client and any other appropriate parties before such offers are made. -
Inspection pro forma for confirmation of rental evidence
Pro forma for confirmation of rental evidence for offices, shops, and commercial and industrial premises.
The checklist is provided as a sample only. It is the user's responsibility to check and adapt it as necessary to suit the particular instruction and prevailing circumstances. -
Code of measuring practice
Published: September 2007
Reinstated: 23 January 2018
Effective from: 23 January 2018
Code of measuring practice, 6th edition was reinstated on 23 January 2018 after publication of RICS property measurement, 2nd edition.
The 6th edition of the code became effective globally from 18 May 2015 when it was incorporated into the first professional statement, that for offices. -
Surveyors acting as arbitrators and as independent experts in commercial property rent reviews (ARCHIVE)
This document has been archived and is available on isurv for information purposes only.
See the latest editions:
- Surveyors acting as arbitrators in commercial property rent reviews, 9th edition (2013).
- Surveyors acting as independent experts in commercial property rent reviews, 9th edition (2014). -
Surveyors acting as expert witnesses
Published April 2014
Effective from 2 July 2014
Reissued February 2023
Surveyors acting as expert witnesses, 4th edition, applies to surveyors when providing expert evidence, whether oral or written, before a range of courts and tribunals in the UK,
The practice statement sets out the mandatory duties of a surveyor in providing evidence, while the guidance note provides further information on good practice, including: the need for clear instructions and terms of engagement; fees; guidance on what to do in situations of conflict of interest; an outline of the written report format; clarification of the differences between the roles of expert witness and advocate; and the immunity of the expert witness.
A stand-alone electronic version of this practice statement (without the guidance note) is also available for potential use with clients in connection with the particular requirement of PS 3.3.
This document was amended in February 2023 to remove wording from PS10 and GN19 which could be read as prohibiting expert witnesses from taking instructions from solicitors who are engaged on a conditional fee, even if the expert is instructed on an unconditional fee basis. This was not the intention of RICS and has therefore been amended for clarity. -
Surveyors acting as arbiter or as independent expert in commercial property rent reviews (Scotland) (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
See the latest editions:
- Surveyors acting as arbitrators in commercial property rent reviews in Scotland, 9th edition.
- Surveyors acting as independent experts in commercial property rent reviews in Scotland, 9th edition. -
Money laundering guidance (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
The RICS guidance was replaced by the HMRC guidance on the Regulations and RICS will not update this guidance further.
Go to: www.gov.uk/money-laundering-regulations-introduction
This guidance provided a general introduction to preventing money laundering, terrorist finance, bribery, and financial sanctions. It was co-authored by the National Federation of Property Professionals, Royal Institution of Chartered Surveyors, Association of Relocation Professionals, and the Association of Residential Managing Agents. It explained how to interpret and implement anti-money laundering requirements in practice. -
Independent expert procedural instructions
Third-party independent surveyors are often used as independent experts in helping to settle rent review disputes. The document below is a template that could be sent to the two other parties detailing the surveyors role and what is expected of them, including Statement of Agreed Facts, agreed schedule of comparable evidence, submissions and counter-submissions.
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Arbitration directions
Sample template of an order for directions for rent review arbitration.
It is helpful if, prior to a preliminary arbitration meeting, the third party sends to both parties suggested draft directions. This will allow the parties to be better prepared for discussions at the preliminary meeting and will give them the opportunity to have agreed as much as possible between themselves before the meeting. -
DRS1: Commercial rent review dispute: application to RICS President for appointment
Application to President of RICS for the appointment of an arbitrator or independent expert on a commercial rent review dispute.
If it is not possible to settle a rent review amicably during negotiations, the rent review clause will generally lay down a procedure for the appointment of a third party. Provision will usually be made for the parties to attempt to agree themselves on the identity of a third party, or, in the absence of agreement, to apply to the president of RICS to make the appointment. This is the standard application form for appointment by the president. -
DRS1NI: Commercial Rent Review for Northern Ireland Cases
Application to Chairman of RICS in Northern Ireland for the appointment of an arbitrator or independent expert on a commercial rent review dispute.
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DRS2SB: Small Business Rent Review
Application to the President of RICS for the appointment of an independent expert to determine rent reviews on small businesses.
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An overview and comparison of dispute resolution processes in the UK (ARCHIVED)
This document has been archived and is available on isurv for information purposes only.
There are many different dispute resolution processes in the UK, the idea being that all of them strive to meet these aims in different ways. However, 'one size does not fit all', and selecting the wrong process can result in the opposite outcome; an unacceptable result in the longest possible time, with the greatest possible expense and maximum stress on the participants. The purpose of this paper is therefore to give an accurate, non-legalistic and user-friendly overview of the main dispute resolution processes available to the property, land and built environment sectors in the UK. This should assist users in selecting the most suitable dispute resolution process for their particular dispute. -
Surveyors acting as arbitrators in commercial property rent reviews in Scotland
Published August 2014
Effective from August 2014
Reissued February 2024
This professional standard is designed primarily to assist those who are appointed to act as arbitrator, either by the Chairman of RICS Scotland, or directly by the parties to a dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
This professional standard is based on the law and practice relating to arbitrations in Scotland, which are governed by the Arbitration (Scotland) Act 2010.
See also: Surveyors acting as independent experts in commercial property rent reviews in Scotland.
This document was reissued in February 2024 as a professional standard. It had previously been published in August 2014 as a guidance note. No material changes have been made to the document. -
Surveyors acting as independent experts in commercial property rent reviews in Scotland
Published January 2015
This guidance note is designed primarily to assist those who are appointed either by the chairman of RICS Scotland, or directly by the parties to a dispute, to act as an independent expert to determine their dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
See also: Surveyors acting as arbitrators in commercial property rent reviews in Scotland, 9th edition (2014).
The previous 8th edition is available on isurv for information purposes only. -
Surveyors acting as arbitrators in commercial property rent reviews
Published April 2013
Effective from April 2013
Reissued December 2023
This professional standard is designed primarily to assist those who are appointed to act as arbitrator, either by the President of RICS, or directly by the parties to a dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
See also: Surveyors acting as independent experts in commercial property rent reviews, 9th edition (2014).
This document was reissued in December 2023 as a professional standard. It had previously been published in April 2013 as a guidance note. No material changes have been made to the document. -
Surveyors acting as independent experts in commercial property rent reviews
Published February 2014
This 9th edition guidance note is designed primarily to assist those who are appointed either by the President of RICS, or directly by the parties to a dispute, to act as an independent expert to determine their dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
See also: Surveyors acting as arbitrators in commercial property rent reviews, 9th edition (2013).
The previous 8th edition is available on isurv for information purposes only.