The following Property Disputes practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and who can make an application, how and when an application can be made, the methods of calculating interim rent and the effect of discontinuing lease renewal proceedings on an interim rent application.
Interim rent is an amount which, pursuant to LTA 1954, s 24A, a tenant is to pay while its tenancy is continued pursuant to LTA 1954, s 24. For details of the requirements which must be satisfied in order for a business tenancy to be continued by LTA 1954, s 24, see Practice Note: LTA 1954 business lease renewal—termination.
Note that there is no right to apply for an interim rent where a tenancy is being continued pursuant to LTA 1954, s 28, as a result of an agreement for the grant of a future tenancy, or pursuant to LTA 1954, s 36(2), where, following the revocation of an order granting a new tenancy, the current tenancy is continued by agreement or order to allow time for the landlord to re-let.
Either the landlord (as defined in LTA 1954, s 44—see Practice Note: LTA 1954 business lease renewal—termination—Competent landlord) or the tenant can make an interim rent application.
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