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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have am renting a commercial property and have recently

Resolved Question:

Hi, I have am renting a commercial property and have recently been issued with a rent increase that the landlord wishes to back date!
The review date in the lease states 'notice should be given 3 months prior to review date December 2014. time is not deemed to be of the essence'.
I have not been given any notice nor the luxury to seek out a surveyor to give me a valuation of the current market rental value.
My question is, are they allowed to just increase 4 Quarters after review date and back date payments? also is the current market value meant to be charged at what it was in Dec 2014 or whenever they feel the rents will be the highest.
Many thanks,
Alex
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Unless the agreement says they can backdate if then they can't. So no they can't backdate it. The market value of the rent increase but it must be as of the date of proposed increase.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
So they can implement the review when they want because its says 'time not to be deemed of the essence' but it is only relevant from the date they mentioned it?Because they told me they can back date. can I find a citation anywhere that shows legally it can not be back dated?
Expert:  Ash replied 2 years ago.
No. You can't backdate it! That says well will do it if we feel like it Maybe. It's a matter of contract
Alex
Customer: replied 2 years ago.
Sorry, can you explain that again or answer the last questions individually please?
Expert:  Ash replied 2 years ago.
1) they can't backdate it
2) no acts of Parliament etc as its contract which is common law.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Brilliant thanks