Rent Review Independent Expert

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.