Rent Review Independent Expert
An independent expert determines the reviewed rent using their own knowledge and investigations as well as the parties' submissions. An arbitrator decides only on the evidence put before them. The distinction changes strategy completely, and the lease usually dictates which applies.
The practical differences
- Own knowledge: an expert may rely on it; an arbitrator generally may not
- Evidence: submissions matter to an expert but do not bind the outcome
- Costs: an expert usually cannot award costs unless the lease says so, so Calderbank offers carry less weight
- Liability: an expert can be sued for negligence; an arbitrator has statutory immunity
- Speed and cost: determination is usually quicker and cheaper
Which suits a tenant
Where your evidence is strong and the landlord's is thin, arbitration rewards the better-prepared party. Where local market knowledge favours you, or where the sum at stake will not justify a full arbitration, expert determination is more proportionate. Some clauses give a choice — that choice should be made deliberately.
Making the submission count
Even though an expert can look beyond the submissions, a clear, well-evidenced case framed around the exact wording of the review clause routinely moves determinations. Vague submissions invite the expert to fall back on their own broad-brush view.
Common questions
- Who appoints the independent expert?
- The parties by agreement, or failing that the President of the RICS on application under the lease machinery.
- Is the determination final?
- Yes, save for fraud, manifest error or departure from the instructions in the lease. There is no appeal on valuation.
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Chris McGarrigle MRICS, chartered since 1989, acting for occupiers across England, Scotland, Northern Ireland and Ireland.
chris@mcgarrigle.comRelated guides
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