Q&As

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 30/10/2017

The following Property Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.
  • Obtaining permission
  • Practical points
  • Pre-Action Protocol for Debt Claims

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.

The Q&A assumes that the landlord is seeking to recover the difference between the rent reserved under the lease and the new rent demanded after the rent review. However, what is not clear (as the question contains conflicting information) is whether the arrears only accrued prior to the award or whether arrears have continued

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