Q&As

A lease includes a review of the rent or various rent review periods 'and for the last two days of the term'. As this is only expressed to apply for the last two days, can the landlord seek rent in the period following termination by s 25 notice? Would this only apply up to the date from which an interim rent can apply or can this be claimed for the full period until determination of the rent in the renewal proceedings? Can the landlord serve the notice requesting review of the rent after the date of termination of the lease in the s 25 notice?

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Published on LexisPSL on 07/08/2015

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

  • A lease includes a review of the rent or various rent review periods 'and for the last two days of the term'. As this is only expressed to apply for the last two days, can the landlord seek rent in the period following termination by s 25 notice? Would this only apply up to the date from which an interim rent can apply or can this be claimed for the full period until determination of the rent in the renewal proceedings? Can the landlord serve the notice requesting review of the rent after the date of termination of the lease in the s 25 notice?
  • Is rent payable at all, during the statutory continuation tenancy and is it payable at the reviewed level or as interim rent under the Landlord and Tenant Act 1954?
  • Can the rent review be triggered after the end of the contractual term?

Is rent payable at all, during the statutory continuation tenancy and is it payable at the reviewed level or as interim rent under the Landlord and Tenant Act 1954?

We cannot locate any authority specifically on this point, and it will depend upon the exact wording of the lease, but the likely effect of a rent review being expressed to be 'for the last two days of the lease' (which appears to be another way of saying penultimate day) would be that the reviewed rent would apply for those last two days and then als

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