Q&As

Is it possible to include a provision in a new lease which has security of tenure under the Landlord and Tenant Act 1954 and which has fixed rental increases, that the rent in any renewal lease subsequently granted be subject to an upwards only market rent review?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 13/05/2019

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is it possible to include a provision in a new lease which has security of tenure under the Landlord and Tenant Act 1954 and which has fixed rental increases, that the rent in any renewal lease subsequently granted be subject to an upwards only market rent review?

Is it possible to include a provision in a new lease which has security of tenure under the Landlord and Tenant Act 1954 and which has fixed rental increases, that the rent in any renewal lease subsequently granted be subject to an upwards only market rent review?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides that leases that fall within that part are automatically continued after the end of the term and gives the parties the right to apply to the court thereafter for a new lease to be entered into on such terms as are agreed or are imposed by the court. LTA 1954, s 35 provides that, when the court is considering the terms of the renewal lease, save in respect of terms as to the duration of the tenancy and the rent payable thereunder, it shall have regard to the terms of the current tenancy and to all relevant circumstances. Duration is dealt with by LTA 1954, s 33 (in default of agreement the period that the court considers reasonable, not to exceed 15 years). Rent is dealt with by LTA 1954, s 34 (in default of agreement, having regard to the terms of the tenancy other than those relating

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