What is a market rent review clause?

A market rent review clause is a provision in a commercial lease that requires the rent to be reset to the prevailing market rental value at specified review dates typically every 5 years determined either by agreement between the parties or by an independent valuer. It ensures that rent reflects actual market conditions rather than original lease terms that may have become outdated.

How Market Rent Review Works

  • At the agreed review date, the landlord and tenant attempt to agree on current market rent.
  • If they cannot agree, an independent chartered valuer is appointed to determine the rent.
  • The valuer assesses comparable transactions and market evidence.
  • The valuer's determination is typically final and binding.

Upward-Only Rent Reviews

Many commercial leases include an 'upward-only' rent review meaning rent can never decrease even if market rent falls below the current level at the review date. This protects the landlord but is increasingly controversial with tenants.

Market rent review clauses are a sophisticated mechanism that ensures commercial rent tracks real market conditions over long lease terms. Tenants should understand whether the review is open market or upward-only the latter creates significant long-term cost exposure if market rents rise aggressively.

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