Trial judges have sole authority to determine

Application pratique:

Under this case law, if you go to court, the judge alone decides which valuation method to use—not you or the landlord. Gather independent comparable market rents, your sales records, and any lease wording on reviews. Negotiate with an expert’s help, but if that fails, present alternative calculation methods to the court, as it will choose the most appropriate one.

Application pratique:

The court confirms that trial judges have full discretion to pick the rent calculation method. To strengthen your position, commission a chartered surveyor’s market valuation report and submit it alongside your proposed method. Avoid inflexible stances; be ready to argue why your comparative approach reflects the true rental value better than the tenant’s indexation.

Application pratique:

Because a judge will ultimately determine the appropriate valuation method in any dispute, factor this uncertainty into your offer. Before exchange, ask the seller for full correspondence and any expert reports. Instruct your own legal advisor to assess the clause’s risk: if it lacks a defined method, you may face costly litigation where the judge’s choice of method could swing the property’s income potential significantly.