Rent Review missed

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Rent Review missed

    Hi All
    I have a question concerning rent reviews.

    If a rent review is missed by the landlord, can the rental increase be backdated?

    Pertinent info:
    Rent review due every 3 years as per lease agreement
    May 2016 rent review did not take place, and the May 2019 is just about to be applied
    Rent Increase calculation uses RPI values from ONS

    So can the 3 years 2016/7/8 increase using relevant historical RPI values be applied and rental arrears collected?
    Obviously this will not be popular with the tenant but the missed rent review was a genuine oversight.

    thx in advance

    #2
    In principle, a rent review can be backdated to the review date - unless the lease stipulates any time limit expressly or implied by the wording or a contraindication in the lease (such as coincident break clause) would override the principle that time is not of the essence.

    Comment


      #3
      Many thx for your reply

      Comment


        #4
        Whether the right to increase the rent (not strictly a review since no assessment is required if the increase is linked to the RPI) has been missed depends on how the rent increase clause is phrased. If it simply provides for the increase to happen automatically then nothing has been missed. All that has happened is that that the increase has not been collected. If the service of a notice is required, then, unless the lease provides to the contrary, the notice can be served late. Whether it can be served after the next date for an increase has passed I would not like to say.

        Comment

        Latest Activity

        Collapse

        • Sole Trader to Limited Lease
          Devondave
          Hi

          I am looking for some advice if possible. I have been a tenant in an industrial unit for 8 years now and am half way through my second 5 year lease. I decided to go limited for tax reasons a few months ago and didn’t think I needed to tell my landlord as the lease is my name and...
          06-09-2019, 18:07 PM
        • Reply to Sole Trader to Limited Lease
          rentreviewspecialist
          In my experience, the op's situation is not unusual, particularly amongst small businesses. In principle, there is nothing to prevent a person(s) using the premises to trade through a limited company, but for purpose of the lease the person is the legal tenant regardless. Rent is payable by the legal...
          11-09-2019, 12:12 PM
        • Electricity Sub-Station Lease Renewal
          Peter G May
          A substation lease in a Church Car Park has expired. In a 1954 Act Lease Renewal I would expect the tenant to pay market rent but will this be restricted due to the user clause, if any? The lease dates from 1965 and although it refers to the electricity supplier it does not in my view have strict user
          ...
          06-09-2019, 16:17 PM
        • Reply to Electricity Sub-Station Lease Renewal
          rentreviewspecialist
          I don't think there are any rent restrictions in legislation. The user clause is likely to be the valuation issue. I suggest reading Northern Electric v Addison (1997), [1997] 39 EG 175...
          11-09-2019, 11:54 AM
        • estimated utility bill
          Abbykay
          Tenant moved out in February. Utility company has billed the landlord from February based on an estimated read. we do not have a read from when the tenant moved out. current estimate is £6,000. We have sent the company a reading showing last weeks reading and they have over estimated by 40,000...
          27-08-2019, 06:20 AM
        • Reply to estimated utility bill
          Kape65
          I'm unsure of the legalities but I always refuse to pay estimated bills. If I receive such a bill I supply the company with the correct readings and treat all further attempts at making me overpay as demanding money with menaces!
          09-09-2019, 18:26 PM
        • Reply to estimated utility bill
          Gordon999
          I think if you closed the account and sent a photo of meter reading .

          It should force the electricity supply company to give you a closing account, based on actual meter reading....
          09-09-2019, 17:57 PM
        • Reply to Sole Trader to Limited Lease
          Devondave
          Ok that makes perfect sense. Didn’t see it like that. Does anyone know if there are grounds to evict me? I know it’s difficult without anyone seeing the lease but any advise is appreciated....
          08-09-2019, 17:35 PM
        • Reply to Sole Trader to Limited Lease
          leaseholder64
          The company is paying a rent that you personally owe, without your paying the company in return. That seems to be the same principle as the company paying your medical insurance.
          07-09-2019, 10:42 AM
        • Reply to Sole Trader to Limited Lease
          Devondave
          My accountant said this was not an issue so unsure why you would say I need to declare the rent as a benefit in kind. I am just worried that the landlord will have grounds to evict me as he claims what I have done is a major breach of the contract. I personally don’t see it’s an issue as the rent...
          07-09-2019, 07:00 AM
        Working...
        X