Rent Review ATA 1995

Question 1

Basis for Rent Review?

Answer 1

Freedom of Contract (S9 ATA)

Statutory Basis Part II 9-14 ATA 1995 Applies.

Open market rent review – S. 13 (2)
“…the rent at which the holding might reasonably be expected to be let on the open market by a willing landlord to a willing tenant, taking into account all relevant factors…”

Question 2

The statutory basis for rent review disregards:

Answer 2

(i) Tenant’s improvements (save for those made pursuant to any obligation, allowance or compensation);
(ii) Tenant’s fixtures
(iii) The fact that the Tenant is in occupation;
(iv) Any Tenant’s dilapidations and the like

Question 3

What section of the ATA95 act governs service of notices?

Answer 3

section 36 covers standard service provisions.

Question 4

What section of the ATA95 act covers rent review procedure?

Answer 4

section 10

Question 5

What are the main requirements of a Rent Review notice?

Answer 5

Review Date - MUST specify review date on a date at least 12 months but less than 24 months after the day on which the statutory review notice is given
If No Agreed Review Date- it must be the anniversary of the beginning of the tenancy AND must not fall before the end of a period of 3 years either from the beginning of the tenancy or a previous rent review or the date of a previous agreement as to the amount of rent

Question 6

Without Prejudice meaning?

Answer 6

Cannot be disclosed to a third party/tribunal/Court if it is genuinely aimed at settling a dispute