Which of the following is NOT an assumption in a rent review clause?

In a rent review clause, assumptions are typically designed to establish a fair basis for determining the new rent for a property based on market conditions and the status of the lease. The correct answer indicates that the assumption about the property being unoccupied for a year is not a standard consideration.

When assessing the rent, it is assumed that the property is available for letting in the open market, meaning it should be evaluated in a manner that reflects current market conditions and rental values. Additionally, it is necessary for the tenant to have complied fully with lease obligations, as any breaches can affect the property's value and desirability. Considering the property is leased as a whole ensures that its overall value is taken into account without being divided into parts, which aligns with how properties are typically rented.

However, the notion that the property has been unoccupied for a year does not fit within the usual assumptions of a rent review clause. An unoccupied property may imply issues that could negatively impact its rent, disrupting the premise that the valuation should reflect the current market conditions. Therefore, this assumption does not hold up in the context of rent review, as it focuses on successfully leased properties and their ongoing income-generating potential.