County Court to decide rent

[paolopp]

hi, this to try the new website....went to my local town County Court office to get forms for procedure to have the court carry out/decide the rent review(as stipulated in Section25 Renewal of Commercial Lease), but they were very unsure of the procedure for rent review ?? very strange as I thought this was a well used procedure(impression given by the Section25 form information)!!..... Anyway they are going to check with a larger County Court office and ask a local judge for directions?? ... could you clarify how often this procedure is used by landlords and the courts??....thanks

[Editor]

Hi paolopp,

I think you may be getting confused here between a lease renewal and a rent review. The section 25 notice is used in the case of lease renewals, not rent reviews.
The rent review procedure is very much determined by the contractual arrangements specified under the terms of the lease - it is not a statutory procedure as is lease renewal under the Landlord & tenant Act 1954.

See the previous post for some more detail on the procedure, and also an article will appear on the site about this soon.

[paolopp]

I am offering a lease renewal with the same conditons but with increased rent. This is not acceptable to the Tenant, so I am intending for the Court to settle the matter, which is why I refer to the Court action as a form of Rent Review?..... the solicitor who originally wrote the lease in July,1988, inexplicably did not include for any form of rent review or for lease continuance when the lease completed in June,1991 and I just left it to run until December,2004 when it was decided to increase the rent, giving 6 months notice and applying Notice 25 .... all new leases for other properties since then have had inbuilt rent increases and/or rent review worded in....