Commercial Lease Rent Review Arbitration Scheme
Rent review disputes – fixed fee rent review arbitration
Rent review disputes are common, especially in challenging economic times. However, they do not need to be protracted and acrimonious to the point where they damage the relationship between landlord and tenant.
We recommend our quick, high-quality, fixed-fee arbitration service to get an answer and enable everyone to move on.
Scheme overview
Key features of our fixed fee rent review arbitration are:
1. An award typically within 35 working days after receiving the claim. Concise reasons will be given for the award.
2. A fixed fee of $5,000 plus GST is payable in advance. Unless they agree otherwise, the parties pay this in equal shares.
3. An award is made ‘on the documents’ – no hearing.
4. No costs award. Costs lie where they fall.
5. A limit on documentation. Permitted documents are:
- The deed of lease or agreement to lease
- Any relevant variations
- Documents recording any relevant prior rent reviews
- Valuation reports and any other relevant expert reports and evidence
- Submissions by each party (claim or response) of no more than 10 pages (Arial 10.5 point font or equivalent)
- Reply and rejoinder of no more than five pages each.
Scheme Rules
Access the Scheme rules for rent review arbitration.
Apply now for Rent Review Arbitration
To initiate arbitration under NZDRC Rent Review Arbitration Scheme, the parties need to sign our Agreement to Arbitrate and submit an online Arbitration Claim Form.
Contact Us
Contact our Registry team if you have any questions or want more information.
FAQs
Why would I use the NZDRC's fixed fee rent review arbitration service?
You can expect a legally binding decision (arbitral award) within 35 working days. There is a fixed fee, paid in advance – no fee surprises later. The process is confidential.
How can I start my claim?
The parties need to agree to arbitrate under the NZDRC rules. They can do this by completing and signing our Arbitration Agreement.
Then, one party (the claimant) must complete our online arbitration claim form.
The parties must pay the NZDRC’s fixed fee equally (unless they agree otherwise) .
NZDRC appoints the arbitrator, and the process starts.
The process: how does arbitration work?
Arbitration is ‘on the documents’, meaning there is no hearing, and the parties do not have to travel.
After receiving a valid claim and the full fee, NZDRC appoints an arbitrator and serves a notice of appointment on the parties (the claimant and respondent). This is the commencement date.
A respondent may serve a response to the claim on or before the tenth working day after the commencement date.
The claimant may serve a reply to the response on or before the fifteenth working day after the commencement date.
A respondent who receives a claimant’s reply may serve a rejoinder on or before the eighteenth working day after the commencement date.
The arbitrator will use their best endeavours to issue their final award, which determines the matters in dispute, within 35 working days of the commencement date.
Do I have to travel for the arbitration?
No. You do not have to travel because the arbitration is conducted ‘on the documents’, rather than in person. There will be no hearing or physical meeting. The evidence and submissions are in writing. There is no cross-examination of experts or witnesses.
What is the arbitrator’s role?
The arbitrator makes a final decision based on the information provided by the parties.
The decision is made in writing. This is called an ‘award’ and is binding on the parties
Can I appeal the arbitrator’s award?
Yes, any party can appeal the award on a question of law if all the parties agree, or with the leave of the High Court.
Can costs be awarded?
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