Q&As

Where a rent review date is an anniversary of the term commencement date, which was 29 February in a leap year, how will the review date be interpreted?

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Published on LexisPSL on 28/06/2017

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

  • Where a rent review date is an anniversary of the term commencement date, which was 29 February in a leap year, how will the review date be interpreted?

Where a rent review date is an anniversary of the term commencement date, which was 29 February in a leap year, how will the review date be interpreted?

Whether you are acting for either of the original landlord or tenant, you may consider that the simplest and most cost effective way to proceed is for the parties to enter into a simple deed of rectification to record the correct rent review date. This has the benefit of certainty, but would only be available to the original parties and assumes both parties wish to correct the error (which we assume would be in both parties’ interests). The solicitors acting for the original parties have potentially made a drafting mistake and so they should have a common interest in resolving this quickly without cost to their respective clients. If the parties are not original parties, then they may consider entering into a deed of variation to correct the date.

It may be possible to correct the

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