Abstract

This paper gives an overview of a very topical and specialised area in commercial leasing and also generally presents methods in which a corporate tenant or user may bring an action (or the theories of such an action) against its landlord. The paper first tells the reader what a lease audit is and what it is intended to achieve. Then the piece attempts to give a number of possible ways in which a corporate user could assert its rights against a landlord in order to recover monies that may be owed to the tenant under a miscalculated or erroneous rent clause. The paper also discusses the pitfalls that a tenant may face in trying to conduct a lease audit and successfully bring a legal action to recover monies for which the tenant has been allegedly overbilled or overcharged.

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