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Law Affecting Rent Review Determinations e3

Law Affecting Rent Review Determinations e3

By Alan A Hyam

The new edition has a narrow focus in relation to the legal and valuation principles concerning rent review determinations and associated matters, but it contains valuable material relating to the interpretation of commercial and retail shop leases, nature of valuations, and the duties of valuers undertaking rent review valuations.

Real Property 

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  • Full description

    The new edition has a narrow focus in relation to the legal and valuation principles concerning rent review determinations and associated matters, but it contains valuable material relating to the interpretation of commercial and retail shop leases, nature of valuations, and the duties of valuers undertaking rent review valuations.

    It covers a complex and specialised subject, provides valuable assistance to lawyers and valuers who practise in the area, and teaching institutions which conduct courses in property and valuation law.

    The third edition contains references to, and summaries of, relevant cases decided throughout Australia since the publication of the second edition some five years ago. Several topics have been expanded and new topics added.

    The topics which have been expanded include: advantages of expert determinations; construction of lease clauses and meaning of terms used; effect of exclusion of ratchet provisions; mistake in departing from instructions; whether determination made in accordance with the contract; error in interpretation of lease; whether mistake in accord with legislation; independence of the valuer; bias by the valuer; difference between valuation and arbitration; whether determination final and binding; provision of information by parties; duty to accord procedural fairness.

    New topics include:

    concise explanation of general law of construction of leases

    error in valuer giving reasons

    future work by lessee

    whether assessment of rent by parties reasonable

    whether time of essence

    failure to give detailed reasons

    sufficient notice

    interpretation of provisions lease

    application of profits method of valuation to rent review of hotels

    interference with valuer’s discretion

    jurisdiction of the Western Australian Tribunal.

  • About the author

    Alan Hyam was admitted to the NSW Bar in 1973 and retired from practice on 30 June 2018. He was the holder of an Australian Practice Certificate and practised in property law specialising in valuation and rent review matters. Alan is now designated as an Australian lawyer. During his practice at the Bar he undertook matters in several parts of Australia, and matters involving both legal and valuation principles. He was appointed as an arbitrator in major property disputes.

    He is also a Life Fellow of the Australian Property Institute, having been admitted as an Associate Member in 1963, and is a Certified Practising Valuer. Alan was often required to undertake valuations of a complex or unusual nature.

    Alan was awarded the Medal of the Order of Australia (OAM) in 1993 for services to local government and the community, having served as an Alderman of Parramatta City Council for 27 years, Mayor for six terms and Lord Mayor for three terms.

  • Product details

    ISBN: 9781760022297

    Published: 2019

    Format: Hardcover

  • Table of contents

    Preface 
    Acknowledgments 
    Table of Cases 
    Table of Statutes

    1. Introduction 
    2. Basis of Assessment 
    3. Lease Incentives or Inducements 
    4. Challenging Determinations 
    5. Principles of Assessment Applied 
    6. Retail Shop Leases 
    7. Speaking Valuations 
    8. Functions of the Valuer

    Index

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