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Ross Miller
Ross Miller,
Category: Property Law
Satisfied Customers: 622
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am two and a half years into a three year commercial

Customer Question

Hi,
I am two and a half years into a three year commercial property lease, that was originally meant to have an annual rent increase. At the end of year one I told the landlord I did not think it was worth the rent I am paying, never mind an increase. He agreed not to increase the rent (on 14/01/19 he confirmed this in an email vis "I have as yet not asked for the increase in rent as required for year 2 and have set it aside for consideration.").Either the landlord or his factotum have always turned up to collect the rent with receipts already made out for the original (year 1) rent amount - which has always been paid. The concept of arrears has never once been mentioned - until...When I recently tried to negotiate a reduction in the rent I got a written response saying that because the rent had not been increased in years 2 and 3, I am now effectively in arrears and the landlord intends to keep my deposit.Am I correct in thinking there must be a difference between me not paying the rent and the landlord deciding not to ask for an increase?
JA: Where are you? It matters because laws vary by location.
Customer: Hull, UK
JA: What steps have you taken so far?
Customer: None. I've continued paying the rent as usual.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The landlord has also pointed out that he has the right to re-enter the property and seize fixtures and fittings if the rent is in arrears - but what if I don't own the fixtures and fittings?
Submitted: 11 days ago.
Category: Property Law
Expert:  Ross Miller replied 11 days ago.

Hello my name as Ross and I wondered if you were still looking for assistance in this matter?

Customer: replied 11 days ago.
please
Customer: replied 11 days ago.
Give me 10 minutes or so before switching to a call please. I'll click the "Call" button as soon as I'm free...
Expert:  Ross Miller replied 11 days ago.

I can answer by text as you don't have to take the call if you would prefer my answer on here. Kind regards that

Customer: replied 11 days ago.
OK, let's go ahead on here then...
Expert:  Ross Miller replied 10 days ago.

Firstly, keep paying the standard rent you have been. Can you tell me when did the landlord first tell you that the rent was increased (rough date) and when did he say it was being back dated until i.e. 3 month, a year? Thank you.

Expert:  Ross Miller replied 6 days ago.

 

Are you still looking for help with this matter?

Customer: replied 5 days ago.
Hi Ross,
Yes I am but I'm currently on holiday in Mexico, so it's a little more difficult. I'm back on 29th October, by which time this matter will be a big priority for me.
Expert:  Ross Miller replied 4 days ago.

No problem, just be careful that the question time does not expire. Are you able to provide the information I requested above and I can give some advice on the matter?