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ah84
16-07-2007, 11:16 AM
Hi

I recently went through the whole court procedure solely on the question of determining rent.

Apparently this is extremely rare. My surveyor has been practicing around 25 years and this was his first case to go all the way to court. Barrister had had one similar case in 10 years and even the judge was surprised that it had not been settled.

Hence if anyone needs any pointers feel free to ask and I can share my experiences!

jeffrey
02-08-2007, 16:06 PM
I don't deal with litigation but, yes, Court proceedings re just rent are quite rare; the parties nearly always manage to bite the bullet and settle.
All any civil court case normally achieves is a forced compromise between parties who could have voluntarily compromised earlier at far less cost and without all the delay and stress.

ah84
02-08-2007, 22:08 PM
I don't deal with litigation but, yes, Court proceedings re just rent are quite rare; the parties nearly always manage to bite the bullet and settle.
All any civil court case normally achieves is a forced compromise between parties who could have voluntarily compromised earlier at far less cost and without all the delay and stress.

In my case this would be true with regards the tenant who would have been better off with any offer I made especially as they probably had to shell out nigh on 30k of my costs and their own at the end of the day.

For me as landlord I got more than any offer the tenant made(after taking costs into account, not all of which i recovered).

In my case the tenant received very bad advice from thier surveyor which made them believe they could get a large rent reduction on office premises.

Court is probably like playing oulette especially out of London where most judges haven't got a clue about property.

After having one hearing in Luton which was adjourned it was thankfully transferred to Central London where the judge was very knowledgable.