Dispute resolution
Carter Jonas can advise and act for parties involved in a dispute relating to a commercial lease. Where a negotiated settlement cannot be reached, most leases contain provision for a dispute to be referred to a third party for determination.
The two most disputed areas are:
• Rent reviews
A lease will state whether a third party is to act as an independent expert or an arbitrator. Our chartered surveyors can act in either role.
• Lease renewals
If the parties cannot agree terms for a renewal, the court will determine the term, including the level of rent. This process can be time-consuming and expensive.
However, there is an alternative known as Professional Arbitration on Court Terms (PACT). This does not involve a court. PACT enables parties to agree on their own timetable for lease renewal and to appoint a suitably qualified lawyer or chartered surveyor to determine the terms and rent of the new lease.
Other disputes can involve dilapidations; service charges; capital value where there is an option to purchase; and rental valuation where the tenant exercises an option to extend the lease.
John WebsterFRICS
Partner
John is the Partner in charge of the firm's Leeds office and provides commercial property advice to a wide range of plcs, private organisations and private landlords/tenants. He has specific expe...
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John is the Partner in charge of the firm's Leeds office and provides commercial property advice to a wide range of plcs, private organisations and private landlords/tenants. He has specific expertise in the development and investment sector and also office and industrial agency. Outside of work, John enjoys golf, football, walking, ski-ing and live music.
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Duncan WisbeyMRICS
Associate
Duncan is a member of the Landlord and Tenant team and is based in the Cambridge office. He specialises in the provision of professional advice on landlord and tenant matters, in particul...
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Duncan is a member of the Landlord and Tenant team and is based in the Cambridge office. He specialises in the provision of professional advice on landlord and tenant matters, in particular rent reviews, lease renewals, rating and lease restructuring. He also undertakes commercial property valuations on all types of commercial property for various clients including lending institutions, public bodies and private clients. Outside work, when time allows Duncan can be found on the water involved in sailing, hacking his way around the golf course or trying to stem the process of older age by playing football with mixed success.
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Jenny RoweMRICS
Associate
Jenny Rowe is a Chartered Surveyor working within the commercial town in the City of Bath. Having qualified in 2003, Jenny joined Carter Jonas in 2006 and has since specialised in all types of va...
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Jenny Rowe is a Chartered Surveyor working within the commercial town in the City of Bath. Having qualified in 2003, Jenny joined Carter Jonas in 2006 and has since specialised in all types of valuation work in addition to undertaking various professional and agency instructions. Jenny Rowe has undertaken work for all of the major banks, Somer Community Housing, Doric Developments and several local authorities. Jenny is a regular contributor to Property News Southwest and the RICS Commercial Market Survey.
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Jane Kirkbride
Senior Surveyor
Jenny Rowe is a Senior Surveyor working within the commercial town in the City of Bath.
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Jenny Rowe is a Senior Surveyor working within the commercial town in the City of Bath.
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Robert DippleMRICS
Associate
Robert is an Associate, based in the Oxford office. He undertakes a wide range of work, including rent reviews, lease renewals, valuations, rating and day-to-day portfolio asset management of pro...
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Robert is an Associate, based in the Oxford office. He undertakes a wide range of work, including rent reviews, lease renewals, valuations, rating and day-to-day portfolio asset management of property throughout the UK, on behalf of private, corporate and charity clients and a number of leading banks. He deals with retail, office, industrial/warehouse properties and the valuation of residential developments. He has particular expertise and experience in portfolio asset management for clients owning multi-property portfolios. Robert is a keen squash player, enjoys cycling, running and always has a full order book of home DIY projects. He also risks life and limb each November, as a member of a team running his village firework display, which is recognised as being one of the best in the area.
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EXPERT ADVICE
Chris is Head of the Commercial Division, an expert in everything from site appraisal to development and strategic planning.
Jargon Buster
FRI LeaseA full repairing and insuring lease where the costs of all repairs and insurance are borne by the tenant.