Managing Property

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Rent review

The most common approach is for the rent to be reviewed by reference to the market rent for comparable properties at the review date. Market rent reviews take place at three- or five-year intervals. They require the parties (or the valuer appointed to determine the rent if the parties cannot agree) to assume a new lease of the property on the relevant review date by a willing landlord to a willing tenant. The starting point for valuation will be the actual property and the terms of the existing lease, but the valuer will be required to make various assumptions (for example, that the property is in good repair) and to disregard some matters (such as improvements made by the tenant).

Repairs and alterations

The scope of a repairing obligation can vary unexpectedly according to the specific wording of the clause and in the circumstances of the letting. The tenant's repairing covenant relates to other provisions (including those dealing with insurance, rent review and service charge) and if it is not satisfactory it could affect the parties' liability or remedies in the event of a dispute.

The

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Latest Local Government News

Supreme Court clarifies interpretation of building distance requirements under Cremation Act 1902 (Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities and another)

The Supreme Court has unanimously dismissed the appeal in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities. It held that the term ‘crematorium’ in section 5 of the Cremation Act 1902 (CA 1902) refers specifically to ‘a ‘building fitted with appliances for the purpose of burning human remains’ (ie the crematory building). Accordingly, the distance requirements in CA 1902, s 5 must be measured from the building housing the crematory itself. Peter Goately KC and Sioned Davies, barristers at No5 Barristers’ Chambers, provide commentary on the judgment.

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