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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
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: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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Customer: replied 2 years ago.
Please continue if you can thanks
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Buachaill replied 2 years 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 2 years 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 2 years 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 2 years ago.
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