ABSTRACT
In conducting a rent review, parties should be aware of the guidance offered by the Tenant Farming Commissioner. If the rent review reaches the Scottish Land Court, it is also subject to the limitations of the actual evidence submitted by the parties. As an identical comparable is unlikely to be available, judgment and evidence need to be applied to adjusting a comparable's rent to make it directly relevant. As a result, if any need is seen for a rent review within, say, a five-year SLDT, it must be provided contractually. If they do come to an agreement and that agreement is properly recorded, then it is final and binding between them. The person wanting to change the rent, whether up or down, should drive the review, explain their position and lead negotiations and, if necessary, make any reference for third party determination.
