Rent review

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Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov

Most recent Rent review content

Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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29th Apr
Practice notes
Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...
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29th Apr
Practice notes
Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous...
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8th Apr
Practice notes
A rent review clause contained in an assured tenancy is superseded by the statutory provisions governing rent increases where the contractual term...
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8th Apr
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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8th Apr
Practice notes
The rationale behind an assumption of vacant possession at rent review is to prevent the landlord benefiting from an increase in rent for the premises...
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8th Apr
Practice notes
Side letters are often used:•to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental...
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8th Apr
Practice notes
Date and frequencyThe frequency of a rent review is a matter for negotiation. The most common period in practice at the moment is every five...
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8th Apr
Practice notes
The importance of timing in rent reviewsThe rent review mechanics in a lease often include time limits, for example:•leases commonly include...
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8th Apr
Practice notes
The hypothetical demiseThe starting point in construing a rent review in a commercial lease is an assumption that the rental value is to be that of...
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8th Apr
Practice notes
What is an improvement?By analogy with cases under section 19 of the Landlord and Tenant Act 1927, an alteration that:•goes beyond repair, and•from...
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8th Apr
Practice notes
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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Produced in partnership with 4 Pump Court 7th Apr
Practice notes
Agricultural Holdings Act 1986Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent...
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24th Feb
Q&As
Whether or not the tenant’s failure to respond to a rent increase notice will have resulted in the rent being reviewed at the level proposed by the...
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22nd Jan

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