Rent Review missed

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    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.

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      #3
      Many thx for your reply

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        #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.

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