The Law Affecting Rent Review Determinations

2. Auflage 2014
ISBN: 978-1-86287-959-1
Verlag: FEDERATION PR

Buch, Englisch, 288 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 652 g

This new edition follows the same format as the previous, focusing on the determinations of rents upon reviews or renewals of leases of commercial and retail properties. It provides a detailed analysis of this narrow but complex area, in which the provisions of rent review clauses vary greatly from lease to lease, and even in the same properties.
It refers to the relevant valuation and legal principles, with extensive reference to case law, including the facts of each case, lease provisions, counsel's argument, and relevant excerpts from the judgments, bringing it up to date to the end of December 2013.
The book explains the history, purpose and operation of rent review clauses; the basis of assessment, including the interpretation of clauses, and definition of terms commonly encountered; the controversial question of lease incentives or inducements; the principles of assessment applied; determinations under retail shop leases; the distinction between "speaking" and "non-speaking" valuations; the functions of the valuer in the process, including the difference between a valuer and an arbitrator; the independence of a valuer; whether determinations are final and binding on the parties.

Autoren/Hrsg.

Hyam, Alan A.

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

1. Introduction 2. Basis of Assessment 3. Lease Incentives or Inducements 4.Challenging Determinations 5.Principles of Assessment Applied 6. Retail Shop Leases 7. Speaking Valuations 8. Functions of the Valuer

Über Autor(innen)

Alan Hyam is a NSW barrister specialising in the areas of property law, rent reviews, environmental and local government law, building law, mining law, land acquisition and compensation matters. He is also a Registered Valuer, a LEADR accredited mediator and an arbitrator in major property disputes, and has been appointed an expert determinator by the NSW Bar Association. Alan was awarded the Medal of the Order of Australia (OAM) in 1993 for services to local government and the community.