The Law Affecting – Rent Review Determinations 3rd Edition
Author: Alan Hyam
Publisher: The Federation Press: Sydney, 2019
Commercial rent review provisions have been the subject of much reported judicial consideration. In Walsh v Lonsdale (1882) 21 Ch D 9 there was, as stated by Jessel MR at 15, a “very peculiar agreement”, where the lessor was to find steam power for driving and running the machinery, with rent to be 2 pound 10 shillings for “every loom run but, for the first year, the lessee is not to run less than 300 and, afterwards, not less than 540 looms”.
The 3rd edition of The Law Affecting Rent Review Determinations includes further Australian case law since the 2nd edition more than five years ago. The statutory law within the Australian jurisdictions has not substantively changed since the 2nd edition, ‘reflecting’ the common law dominance in this particular area.
The book is divided into eight chapters:
2. basis of assessment;
3. lease incentives or inducements;
4. challenging determinations;
5. principles of assessment applied;
6. retail shop leases;
7. speaking valuations; and
8. functions of the valuer.
There is a comprehensive index, in addition to the table of cases and statutes.
This 3rd edition includes, throughout, further sub-topic information. The analysis of relevant legal principles is very-well supported by quotations from the applicable case law. This is a detailed practitioner text that will also be used by those studying and researching legal issues as to property and valuation. The book includes considerable information relevant to retail leases.
The author is at the New South Wales bar, specialising in property, in addition to being a Registered Valuer.
The book promotes, impliedly, an underlying theme as to the great care and consideration required in the drafting and interpretation of commercial leases.
The book is 363 pages in length and has a recommended retail price of $170.00.