Rent and rent review

Q&As

How does the General Data Protection Regulation impact on property owners and managers?

How does the General Data Protection Regulation impact on property owners and managers?The General Data Protection Regulation (Regulation (EU)...

25th Jul

Practice notes

Taking control of goods—the process up until seizure of goods

Taking control of goods—the process up until seizure of goodsThis Practice Note sets out the detail of the procedure relating to the taking control of...

Produced in partnership with Victoria Jones of Freeths 23rd Jul

Practice notes

Taking control of goods—the schedule 12 TCG procedure

Taking control of goods—the schedule 12 TCG procedureThis Practice Note sets out the procedure provided for in Schedule 12 to the Tribunals, Courts...

Produced in partnership with Victoria Jones of Freeths 23rd Jul

Practice notes

Rent review—a practical lease negotiation guide

Rent review—a practical lease negotiation guideThis Practice Note discusses considerations for landlords and tenants when negotiating open market rent...

24th Jun

Precedents

Condition of sale providing for rent deposits on sale of property subject to several occupational leases

Condition of sale providing for rent deposits on sale of property subject to several occupational leases1Rent deposit[s]All money deposited with or...

18th Jun

Precedents

Rent deposit deed—trust

Rent deposit deed—trustDate [date ]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number]...

17th Jun

Precedents

Rent deposit deed—charge

Rent deposit deed—chargeDate: [insert date of deed in its full format DD-Month-Year]Parties1[insert name of Landlord] of [insert address]...

17th Jun

Q&As

Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth anniversary of the lease, on the basis that the lease may continue under section 24 of the Landlord and Tenant Act 1954?

Can a lease that has been granted for a term of five years with security of tenure, contain a rent review clause to take effect on the fifth...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 11th Jun

Q&As

Is there any case law regarding circumstances where the court has set out the basis upon which it can be implied into a tenancy that the landlord has the right to forfeit a tenancy for nonpayment of rent? Does the fact that the parties did not enter into a written tenancy or lease make any difference?

Is there any case law regarding circumstances where the court has set out the basis upon which it can be implied into a tenancy that the landlord has...

Produced in partnership with Matthew Haynes of St Ives Chambers 6th Jun

Q&As

When is rent payable?

When is rent payable?General principlesA lease should fix the periods when the rent is to be paid and specify the days on which the payments are to be...

6th Jun

Q&As

Is there any limitation period for claiming rent arrears using the CRAR procedure?

Is there any limitation period for claiming rent arrears using the CRAR procedure?The Commercial Rent Arrears Recovery (‘CRAR’) ProcedurePart 3 and...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 6th Jun

Q&As

An underlease rent review provision refers to review of the rent as per the superior lease. If the superior lease has been impliedly surrendered, with the undertenant now paying rent directly to the superior landlord, does this invalidate the underlease rent review provisions on the basis that the superior lease no longer exists?

An underlease rent review provision refers to review of the rent as per the superior lease. If the superior lease has been impliedly surrendered, with...

Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

Q&As

What is the limitation period for the recovery of rent due under a lease?

What is the limitation period for the recovery of rent due under a lease?Section 19 of the Limitation Act 1980 states that no action shall be brought...

6th Jun

Q&As

If a tenant company pays the rent via a different company would this amount to an unauthorised subletting and does this create a protected tenancy in favour of the other company?

If a tenant company pays the rent via a different company would this amount to an unauthorised subletting and does this create a protected tenancy in...

Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun

Q&As

Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the landlord serves a single demand encompassing several periods of ground rent?

Is a demand served under section 166 of the Commonhold and Leasehold Reform Act 2002 invalidated if the landlord serves a single demand encompassing...

Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

Q&As

If a landlord successfully seeks a possession order under section 21 or section 8, are there any circumstances whereby the tenant will be liable for rent accruing after possession has been obtained by the landlord (eg if the AST provides that possession does not prejudice any other rights that the landlord may have in respect of the tenant's obligations under the agreement)?

If a landlord successfully seeks a possession order under section 21 or section 8, are there any circumstances whereby the tenant will be liable for...

6th Jun

Q&As

Can the landlord pursue one of the tenants for rent arrears attributable to the other part of the premises?

Can the landlord pursue one of the tenants for rent arrears attributable to the other part of the premises?Case studyA tenant assigns part of a lease...

6th Jun

Q&As

A commercial lease contains a market standard rent review clause. The parties agree the reviewed rent but the guarantor to the lease does not sign the rent review memorandum. It is signed by the landlord and tenant. What are the implications of the guarantor not signing the memorandum?

A commercial lease contains a market standard rent review clause. The parties agree the reviewed rent but the guarantor to the lease does not sign the...

6th Jun

Q&As

A tenant serves its break notice too late to operate the break option and therefore the lease continues. The rent review date in the lease is the same date as the date the tenant could have exercised the break, but the rent review clause provides that time is not of the essence. The landlord has not served a notice to trigger the rent review. Does the interaction between the two clauses (ie the right to break or continue with a new rent) mean that time is of the essence in relation to the rent review, even though it is stated not to be?

A tenant serves its break notice too late to operate the break option and therefore the lease continues. The rent review date in the lease is the same...

Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun

Q&As

What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?

What steps should a landlord consider when drafting a commercial or mixed-use lease in the light of the new CRAR procedure?What is CRAR?As of 6 April...

6th Jun

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