High-handed clause 1: Rent reviews only if increasing

  • Filter
  • Time
  • Show
Clear All
new posts

    High-handed clause 1: Rent reviews only if increasing

    I have three clauses I want to change in the lease I'm about to sign with a landlord for a retail property. This is my first time and I'm not sure which ones are worth fighting, which are standard for pretty much any tenant, and which are really nasty. So I'm putting them in separate threads so others can look them up later.

    I know, you're all landlords and I'm a tenant, but I'll trust your opinions even more if you say something like "wow, I can demand that?"

    Clause number one specifies that rent is to be reviewed every 2 years and readjusted to match current market pricing. But it specifies this will happen only if market pricing has increased. (!!!) Obviously I'd like to either make this clause symmetrical (review happens for lowered rent too), or remove it.

    Am I likely to succeed? Is this "increased rent only" version standard?

    Upward only rent review is pretty standard.

    Every two years isn't though, it's mostly 3 or 5 years depending on the term of the lease. As this is your first venture I suggest you get a tenant only break clause at the first review too.


      All these terms are negotiable. If you don't like them, be prepared to walk away. I think LL may compromise given the economic climate.


        I've only ever known a handful of cases where rent reviews were upward or downward. This was usually because a fixed rental increase was unacceptable on a longer term. That said, the majority of that handful were probably within the last few years. It does appear to be more common, although it is still very rare.
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]


          Three rules:

          1. Never take a lease of commercial premises without taking legal advice from a knowledgeable lawyer.

          2. Remember rule 1.

          3. If you ignore rules 1 and 2 and it all goes horribly wrong blame yourself.


          Latest Activity


          • Flat auctions
            Can you recommend some good flat auction company's in south of England?
            22-09-2019, 17:57 PM
          • Reply to Flat auctions
            Thanks for that...
            20-10-2019, 15:33 PM
          • Should I prepare myself
            My wife got a text from our T who rents the shop below our flat (she handles the commercial property) and he was telling her about his tales of woe.

            Basically he fell for a scam thinking it was HMRC and he lost 20k. He paid his rent last week for this up and coming quarter so rent isn't...
            18-10-2019, 08:52 AM
          • Reply to Should I prepare myself
            evicting a commercial tenant is entirely different to the regime in evicting residential tenants. My advice is to offer the tenant to pay under a weekly standing order; a quarter's rent in advance can be quite difficult to find. If you are going for possession it must be the case that nothing has been...
            18-10-2019, 14:39 PM
          • Eliminate business rates D1 class
            I have an existing D1 class building that has the windows boarded due to vandalism. To eliminate business rates I understand that the property must be in use. Art galleries would have zero business rates based on my circumstances and the business rates band. I'm wondering whether it is feasible to create...
            17-10-2019, 13:58 PM
          • Mines and minerals
            I hold the rights to both 'mines and minerals,, including coal (now irrelevant of course) but ironstone and all other minerals, albeit entry to the surface not allowed. The site is 31 acres but a developer plans to build at least 50 houses on part of the land. In view of the fact that I apparently own...
            11-10-2019, 14:42 PM
          • Reply to Mines and minerals
            Many thanks for all the comments, but it is my fault for not making it clear that I was concerned about the value, if any, to me. The land is only part of a vast scheme involving thousands of houses in a joint local authority/ private developer plan. Virtually the whole part of 'my' site is over shallow...
            16-10-2019, 21:45 PM
          • Lease renewal aga
            Hi I'm in the process of lease assignment with a aga.

            The lease will be due for renewal after 1 year. My question is will my aga stop once the lease is renewed?...
            13-10-2019, 17:34 PM
          • Reply to Lease renewal aga
            "Hi I'm in the process of lease assignment with a aga. The lease will be due for renewal after 1 year. My question is will my aga stop once the lease is renewed?"

            It is not clear from your op that you are the existing tenant. I read the op to mean that you are to become the tenant...
            16-10-2019, 08:46 AM
          • Urgent advice needed on security of tenure
            I am renting an office unit and need advice regarding security of tenure and the option of applying to court to renew a tenancy. The situation is as follows:

            I signed a 1 year lease for the unit which had a clause excluding security of tenure. This came up on 1st Oct but unfortunately...
            16-10-2019, 07:58 AM