Q&As

Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in the usual way, is backdated to the date of review), is the assignor or assignee liable for the back rent?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 10/06/2020

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:

  • Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in the usual way, is backdated to the date of review), is the assignor or assignee liable for the back rent?

Where a rent review takes place in a new lease, if the lease is assigned before the review is determined (resulting in an increase in rent which, in the usual way, is backdated to the date of review), is the assignor or assignee liable for the back rent?

Many leases will make provision for a lease to be able to be assigned by the tenant during the term. The lease will usually contain provisions such as the need for the tenant to enter into an authorised guarantee agreement under section 16 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) and the landlord’s consent to assignment may be required. Upon assignment the incoming tenant steps into the shoes of the outgoing tenant and is responsible for payment of rent and compliance with the other tenant

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