Real estate · Real estate fee-earner, tenant-side in-house counsel
Check a rent review notice and its basis
A tenant has received a rent review notice proposing a figure forty per cent above the passing rent. The review checks whether the notice is valid, whether time is of the essence, and what the lease's own assumptions and disregards do to the valuation.
The problem
Step 01 of 05
Add the lease and the notice
The lease, any deeds of variation, the notice and the tenant's schedule of works go on one matter with the review date recorded.
Project Halcyon: SPA warranties and disclosure
Buy-side warranty review, disclosure analysis and cited due-diligence grid.
- Client
- Halcyon Bidco Ltd
- Reference
- WC-2026-0412
- Practice area
- Corporate / M&A
- Jurisdiction
- England and Wales
- Responsible partner
- E. Vance
No conflict check on file.Chat, on this matter
Compare warranties with the disclosure letter.
Three high-priority exceptions require action: the unregistered charge, the change-of-control right and the tribunal claim.
Send a message… (@ to mention tools)BalancedPrepare for- 25 Aug
Disclosure exceptions matrix
Chat
- 21 Aug
Disclosure exceptions matrix
Run · completed · 560 credits
- 18 Aug
Project Halcyon: Disclosure Letter
Document · indexed
- 16 Aug
Project Halcyon: Share Purchase Agreement
Document · indexed
- 4 Aug
Matter opened
Opened
Step 02 of 05
Ask about validity first
Whether the notice complies with the lease, whether time is of the essence for the tenant's counter-notice, and what happens if the tenant does nothing.
Matter: 14 Rowan CourtEngland and WalesResearch AgentPrepare for: Court-Ready · Deliver as: WordWhere we looked
- 1Your documentsLease, demand, correspondence
- 2Primary law3 statutes, 1 judgment
- 3Regulators and the recordNothing needed
- 4Web searchOff for this question
Authorities · 4
- 1not yet checked
Law of Property Act 1925, s 146
c 20 - 2not yet checked
Housing Act 1996, s 81
c 52 - 3not yet checked
Commonhold and Leasehold Reform Act 2002, s 168
c 15 - 4not yet checked
Escalus Properties Ltd v Robinson
[1996] QB 231 (CA)
Step 03 of 05
Run the valuation basis
Prepare for: Work-Stream Memo. The agent sets out each assumption and each disregard, quoted from the lease, and explains what it does to the hypothetical letting.
Agent
Jurisdiction
Prepare for
Deliver as
Instruction
What should the agent look for?Documents
Drop a contract, or pick one from the matter
Also on the matter
- Offer_letter_v3.pdf2 pages
- Staff_handbook_2025.docx61 pages
- Board_minute_14_Aug.pdf3 pages
Platform model · zero data retention · audit register onStep 04 of 05
Find the improvements point
The disregard of tenant improvements is drafted by reference to works carried out with landlord's consent, and two of the tenant's four projects have no recorded licence.
6 items need your confirmation14 authorities · Where we lookedSenior Associate Employment Contract: English Law Review
Summary
- 1.
Clause 9(c), non-competeHigh
The 12-month prohibition on working for any law firm anywhere in the UK, Ireland or EU, in any capacity, is almost certainly wider than reasonably necessary and therefore unlikely to be enforceable.
Tillman v Egon Zehnder Ltd [2019] UKSC 32 - 2.
Clause 11, data and monitoringHigh
Blanket contractual consent is not an adequate basis for general employment processing, special-category data or unrestricted monitoring.
UK GDPR, Arts 6 and 9 - 3.
Clause 4, holiday carry-overHigh
The unconditional five-day cap conflicts with mandatory carry-over rights where sickness, statutory leave or employer failure prevents leave being taken.
Working Time Regulations 1998, regs 13 to 13A
- 1.
Step 05 of 05
Take the next steps
Action items cover serving a counter-notice, instructing a valuer with the memo attached, and finding the licences for the two unrecorded projects.
Replace the UK/Ireland/EU non-compete with a 3 to 6 month restriction tied to competing corporate-law work.
Replace blanket data consent with a lawful-basis clause and a separate monitoring notice.
Remove the five-day carry-over cap and reference the statutory carry-over rules.
Narrow the client non-solicit to clients dealt with in the final 12 months.
Add an explicit working-time opt-out withdrawal mechanism.
Confirm the bonus clause states the discretion is exercised in good faith.
What comes back
A document, not a transcript.
- A validity conclusion on the notice, with the counter-notice deadline stated and the consequence of missing it.
- Every assumption and disregard quoted from the lease with its effect on the hypothetical letting explained.
- The improvements disregard applied to the tenant's actual works, showing which two projects are at risk.
- Action items for the valuer instruction and for recovering the missing licences to alter.
Authorities it checks
- Landlord and Tenant Act 1954, ss 24 to 30
- Arnold v Britton [2015] UKSC 36
What it does not do
- It does not value the premises. The rental figure is a valuer's opinion and the memo is written to instruct one.
- It does not serve the counter-notice, and the date it identifies has to be diarised by a person.
- It cannot confirm a licence to alter exists if the document is not on the matter.