Q&A - Rent increase
In my lease, the landlord is entitled to increase the rent in November. Does he have an obligation to inform me of his intention to do this?
For the purpose of this response, I am assuming that your lease is a residential lease. In your lease, you are likely to have a “rent review clause” which will specify the mechanism by which the rent will be reviewed.
It is common for the rent review clause to specify that notice must be given by the landlord (or sometimes the tenant) to initiate the review. Therefore, should the rent review clause contain such a requirement, then you are likely to get notification of the rent review.
However, even if your lease is silent on the requirement for you to be notified, it is worth remembering that before ground rent is payable to a landlord under a residential lease, the ground rent must be demanded in the prescribed form; so the landlord will have to demand the increase in rent from you before it becomes payable.
Stuart Miles, Solicitor at JB Leitch Solicitors
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