| Commentary

39 Amount of rent

| Commentary

39 Amount of rent

On a reference made in pursuance of a statutory review notice, the arbitrator must determine ‘the rent properly payable’1. This is defined2 as:

‘the rent at which the holding might reasonably be expected to be let on the open market by a willing landlord to a willing tenant, taking into account... all relevant factors, including (in every case) the terms of the tenancy (...but not those which … preclude a reduction in the rent during the tenancy)’.

The ‘terms of the tenancy’ include the user covenants and what the parties have agreed as to the review date3, but

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