Rent Adjustment and Tenant Default in English and German Commercial Property Leases: An Economic and Legal Analysis

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Peter Lang, 2010 - Law - 231 pages
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In recent years, real estate investment has witnessed an unprecedented internationalisation. However, national markets largely continue to be shaped by domestic law and local business practices. This book provides a comparison of the British and German property markets, which are Europe’s most important, and discusses key elements of the economics of leasing. Applying the theory of long-term contracts and the economic analysis of bankruptcy law to leases, it examines in detail the regulations pertaining to rent adjustment and tenant default, which can substantially impact investment performance. The prevailing rent adjustment mechanisms such as rent review and indexation are discussed. A comparison is made of the remedies available to landlords of defaulting tenants under both jurisdictions.

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Business leases in Britain Germany
Market parameters
The business lease as a longterm contract
Selected problems of business leases
Tenant default
Summary concluding remarks and outlook

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About the author (2010)

Jan Matauschek holds a doctorate from the Institute of Law & Economics at the University of Hamburg, a Master in Real Estate Finance from Cambridge University and Bachelor s degrees in English law and business administration from the Universities of London and Bournemouth. He currently works as a management consultant for real estate valuation and strategy.

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