The Mechanics of the Rent Review Process
The various routes towards concluding a rent review may include, negotiated agreement between the parties, a formal notice and counter-notice procedure or third party determination.
Whichever method is followed, the rent review will normally stipulate the timescales within which certain actions must be taken. The general rule is that unless the lease says otherwise, failure to meet a deadline is not critical but a lease may state that time is 'of the essence' under certain procedures.
Time limits will rarely be rigidly enforced for negotiated reviews. However, with more formal rent review proceedings (e.g. where the landlord makes a proposal in the form of a notice with the tenant serving a counter notice) the lease may require closer adherence to deadlines.
Where a third party is involved in the review (e.g. a surveyor agreed between parties or appointed by the Royal Institute of Chartered Surveyors), it should be made clear whether the third party is to act as an arbitrator (formally imposing a rent) or as an expert (in which case he acts in an advisory capacity). The (quicker) expert route is generally more appropriate to smaller tenancies.
