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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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we live in a private rented house with a live time lease which

Resolved Question:

we live in a private rented house with a live time lease which states that the landlord can review the rent every two years ( he has not put it up for 10 years) he has now died and his daughter has taken over but we are safe) But she wants to increase the rent is there a persentage maximum that it can go up as she wqants to increase it by 15% can you help
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Hi Welcome to just answer. Can you give me some more information? Can you explain what you mean by a "live time " lease? Is this an assured shorthand tenancy? What is the term and what is the notice period?
Customer: replied 2 years ago.

assured lifetime lease

Expert:  Senior Partner replied 2 years ago.
Sorry but but do you really meantime that it is leased to you for life? That is somewhat unusual. Normal residential property is on an assured shorthand tenancy which can be terminated on notice. What does the rent review clause say? in an assured tenancy the landlord can in effect increase the rent by as much as they want because they can terminate the tenancy if the tenant does not agree. If this is a longer term tenancy then it may depend upon the rent review clause.
Customer: replied 2 years ago.

all we want to know is how much they can put up the rent. Yes it is an assured lifetime lease on our lifes.

Expert:  Senior Partner replied 2 years ago.
I see you have given me a poor rating for my answer but I am afraid the answer as I said depends upon the terms of the lease. There are generally speaking no restrictions on what rent the landlord can charge. Rent controls have largely been abolished and only apply to tenancies that existed before 1989. Most rent reviews clauses speak of a market rent or a minimum increase in line with RPI or CPI. If your lease does not specify the basis of the review then the landlord can ask for any rent he or she wishes. If you have a tenancy of life then I would have expected the rent review clause to have specified something - market rent at least otherwise the landlord could increase the rent unreasonably as lever to try and get you out. But I repeat it depends upon your lease. There is no overriding legal rule that requires rent to be at any particular level.
If she is seeking to increase the rent above a fair market value then you should challenge it because obviously if you were to go she would need to find a new tenant who would not be prepared to pay above market.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience: Solicitor with more than 30 years experience
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