Q&As

Where an arbitrator, acting under the Arbitration Act 1966, has determined an open market rental value of a property following a disputed rent review, does the landlord require the permission of the court to ‘enforce an arbitration award’. The parties engaged in formal arbitration and a market value has been determined. The award was never challenged or appealed and is therefore binding. The landlord has therefore continued to demand rent at the new rental value. The tenant has fallen into arrears. Can the landlord simply issue a claim in the county court for those arrears, or does the landlord require permission to enforce the award of the arbitrator? The award was simply a declaration of the open market rental value—there was no award for payment of arrears, all of which accrued post-arbitration.

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Produced in partnership with Kate Andrews of Hamlins
Published on: 30 October 2017
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The Q&A assumes that the landlord is seeking to recover the difference between the Rent reserved under the lease and the new rent demanded after the rent review. However, what is not clear (as the question contains conflicting information) is whether the arrears only accrued prior

Kate Andrews
Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

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Jurisdiction(s):
United Kingdom
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Key definition:
Arbitrator definition
What does Arbitrator mean?

A person appointed by or on behalf of the parties to an arbitration to resolve their dispute. An arbitrator may be the sole arbitrator in an arbitration or may be one of a panel of arbitrators (generally, three).

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