Q&As

A commercial lease has come to an end. Before the tenants left the property (late Jan 2018) the landlord issued a rent review increase notice (Nov 2017) to which the tenants did not respond. Is the landlord entitled to backdated rent?

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Published on LexisPSL on 29/03/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A commercial lease has come to an end. Before the tenants left the property (late Jan 2018) the landlord issued a rent review increase notice (Nov 2017) to which the tenants did not respond. Is the landlord entitled to backdated rent?

A commercial lease has come to an end. Before the tenants left the property (late Jan 2018) the landlord issued a rent review increase notice (Nov 2017) to which the tenants did not respond. Is the landlord entitled to backdated rent?

Whether or not the tenant’s failure to respond to a rent increase notice will have resulted in the rent being reviewed at the level proposed by the landlord will depend on the precise terms of the rent review machinery.

Some older leases contain prescriptive and formal rent review procedures, which may include a landlord having to serve a notice, followed by the tenant serving a counternotice. If the lease terms provided that if the tenant fails to serve a counternotice they will be ‘deemed’ as having agreed the rent at the reviewed level proposed by the landlord, there may be scope for arguing that this deeming provision makes

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