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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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We have just agreed a rent review with the landlords agent

Customer Question

We have just agreed a rent review with the landlords agent a commercial lease on a building with land . the lease has run for 20 years and has thirty to run it states the site is approx one acre. The landlords agent has now got a fancy set of measuring tools and says the site is actually 1.3acres and that the agreed rent must go up by a further third!!! Can they change lease details and do this sort of thing, where do we stand? Thankyou
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Please continue if you can thanks
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Dear Jon, the landlord is only correct here, if you are paying a rent per acre and not for the building. So, check your lease and if the rent is for the full building, then the landlord and his agents have to wait until the next rent review in order to make a case for a higher rent.
Expert:  Buachaill replied 1 year ago.
2. The second point is that a landlord cannot do this sort of thing a change the rental amount outside of the rent review periods. That is unlawful. However, I would suggest to you that with the improvement in the economy, someone else might want to rent your building so the landlord is seeking to extract himself from the lease so he can get a higher rent elsewhere. This is why this type of thing happens.
Expert:  Buachaill replied 1 year ago.
3. HOwever, unless the lease prescribes a rent per acre, the landlord does not have a leg to stand on here and you should resist his attempts to foist a higher rent on you.
Expert:  Buachaill replied 1 year ago.
4. Please RATE the Answer as unless you RATE the Answer your Expert receives no payment for answering your question so there is no incentive to answer any further questions.