The Law Affecting Rent Review Determinations

Reviews of previous editions:

This book is a reminder of just how much consideration is required to draft complex contracts such as commercial leases. The issues discussed by the author are elucidated by references to, and passages from, the seemingly vast amount of judicial examination of disputes arising from rent review clauses. This would be a valuable reference tool for lawyers that practice in property law and, in particular, lawyers that advise on disputed rent reviews or determinations. The text is also relevant to other property professionals engaged in the management of leases, especially valuers who undertake market rent review determinations. – Edward Campbell, Ethos, ACT Law Society, March 2015

The variety and number of cases cited in this volume highlights the ripe source of litigation provided by rent review disputes. The text explores the issues primarily by extracting relevant parts of judgments that deal with the point under consideration. Wrapping up sections with succinct summaries may have been useful to synthesise the sometimes dense case extracts. Despite the many cases initiated, the text highlights the practical difficulties of succeeding in challenging rent review determinations. Invaluable headings aid in navigating this specialist text. – Jamie Bolic, InPrint, Law Institute Journal Victoria, March 2015

[A] comprehensive examination of a relatively narrow area of the law. … [I]t is an invaluable tool for the specialist, or any legal practitioner who is drafting, or advising on, rent review provisions in a lease, or a valuer who is making a rent review determination. Reading this book also reminds one of how much judicial scrutiny there has been on this issue and how careful a draftsman needs to be to ensure that the intention of the parties to a lease is reflected in the rent review determination clauses. … [T]he author’s enthusiasm for the topic … is reflected in the text which is both well written and extremely comprehensive. … [T]his book is the last and most comprehensive word available in Australia on the topic. If you are involved in a dispute which touches on a rent review determination, if you are drafting clauses concerning rent review determinations, or you are a valuer about to undertake a determination, this book should be your bible. – Alternative Law Journal, Vol 31:2 June 2006

As with so many Federation Press books, this is an excellent bringing together of common law on a discrete area. Having read the book, I wonder now how I could ever have given advice to any client about how to interpret rent review provisions in the absence of having read this text. Alan Hyam says nothing in this book without citing direct court authority for the proposition, and in most instances carefully picks out the particular quote relevant to the proposition. Very precise, and very helpful. … I would now consider this text essential to read in entirety before embarking on advising on a disputed review process or result … [and also recommend it] as a casual refresher of the issues surrounding rent review. – Phillip Kimber, Law Society of Tasmania Newsletter, Autumn 2006