Rent and rent review

Rent and rent review guidance:

Agricultural Holdings Act 1986 Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent properly payable’ in...

Practice Note

Inflation calculators These calculator tools will calculate indexation figures applying either RPI or CPI. They are useful for determining the effect of inflation on sums...

Practice Note

A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. Where the landlord has allowed the...

Practice Note

Right to recover rent The commercial rent arrears recovery (CRAR) regime allows landlords to seize a tenant’s goods from the demised premises in order to...

Practice Note

An expert witness is a witness who, by virtue of his skill, is believed to have expertise in a particular area so others can rely on his opinion regarding a specific...

Practice Note

Development leases often gear the reviewed rent to the underlease rents. The tenant pays the landlord a defined percentage of the income he derives from underlettings....

Practice Note

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 of rent stated on...

Practice Note

The aim of the procedural changes that took effect on 1 June 2004 was for interim rent to be the same as passing rent to discourage landlords from opposing...

Practice Note

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and who can make an...

Practice Note

This Practice Note provides brief details of the main methods of rent arrears recovery, and gives links to further information in each case. Before taking any action to...

Practice Note

A rent review clause contained in an assured tenancy is superseded by the statutory provisions governing rent increases where the contractual term ends, and a statutory...

Practice Note

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 attributable to the...

Practice Note

Date and frequency The frequency of a rent review is a matter for negotiation. The most common period in practice at the moment is every five years. Usually rent reviews...

Practice Note

Importance of rent review clauses for landlords Leases with terms in excess of five years will generally contain a rent review provision (unless the...

Practice Note

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 the tenant's...

Practice Note

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 provisions in a lease...

Practice Note

The hypothetical demise The starting point in construing a rent review in a commercial lease is an assumption that the rental value is to be that of the whole of the...

Practice Note

Many older forms of rent review clause require service of notices, either from the landlord to trigger the review process or from the tenant to object to the figure...

Practice Note

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision suspending the rent in...

Practice Note

A tenant is entitled: • at law to set off liquidated, and • in equity to set off unliquidated claims for damages for breach of covenant by the landlord against rent...

Practice Note

Stop press: This Practice Note is under review in light of the introduction of 12 Warrant of Control Support Centres. For further information, see: LNB News 20/06/2019...

Practice Note

Stop press: This Practice Note is under review in light of the introduction of 12 Warrant of Control Support Centres. For further information, see: LNB News 20/06/2019...

Practice Note

What is the taking control of goods procedure used for? Schedule 12 of Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) interlinks with Part 3 of TCEA 2007 and sets...

Practice Note

A turnover rent (also known as a percentage rent) is a rent that varies depending on the amount of trade which is achieved at the premises that have been let to the...

Practice Note

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in off-loading their...

Practice Note