A great deal of trust is placed by landlords and tenants on the assumption that lawyers must surely know what they are doing. Often they do, but sometimes they do not and the client is none the wiser: the first the client gets to hear of the inexperience is when the rent review practicalities from the surveyor's point of view differ from the client's expectations.

Lease Advice

On grant of a new lease, at lease renewal, or on assignment or variation to an existing lease, after negotiations are concluded and outline terms are agreed upon in principle, the agreement is put into a legally binding document. Unfortunately, many surveyors leave everything to the lawyers at that stage, but that can do you a disservice.

A paradox of the commercial property market is that the drafting of leases is usually left to people who do not deal with the practical consequences of their choice of wording and phrasing. At the very least, one would think that those whose job is to deal with rent reviews would be consulted, but that rarely happens. Instead, lines of demarcation are drawn. Then, after heads of terms are agreed, the matter is handed over to the lawyers to deal with the documentation; after that, further negotiation occurs, with advice to the client, but not continually liaising with the client's surveyor.

With respect, leaving lawyers to their own devices can be risky. Landlords and tenants place great trust in the assumption that lawyers must know what they are doing. Often they do, but sometimes they do not, and the client is none the wiser: the first the client gets to hear of the inexperience is when the rent review practicalities from the surveyor's point of view differ from the client's expectations.

The world of rent review occupies an overlapping area of know-how between a commercial property surveyor and a property lawyer. To negotiate rent review properly, it is essential to have in-depth knowledge and experience of business tenancy law and rental valuation in practice. The wording of a document has repercussions. With a business tenancy, the consequences of inexperience can be horrendously expensive. At future rent reviews, it is common to find an intention is lost because, before completing the lease, the lawyers did not agree on the wording with the surveyors.

I liaise with your solicitors on drafting and approving documentation to ensure your interests are well looked after. So even if you negotiated terms yourself or have another surveyor, it will pay to involve my services.

You may depend on wise reasoning and sound advice.

My computerised law library contains thousands of judgments and unreported cases, with articles on strategy.

Frequently, I am asked to advise lawyers on drafting and approving rent review guidelines in leases and documents.


To contact me, please email
help@michaellever.co.uk or telephone 01531 631892

I look forward to helping you in some way.

Michael Lever

The wording of a document has repercussions