Market Rent Review

[Leonc]

I am unsure about the ADLS sixth edition, where under Market Rent review, it gives the time frames for delivery of a notice.
In 2.1 (a) it states that the review (not renewal) can be delivered not longer than three months prior to the renewal date, but no later that the NEXT rent review date.
Am I to take it that it can be delivered at any time over the next two years past the date (in the case of a 2+2+2), or in fact another two years needs to be waited out to complete the three monthly requirement?
So if you get in on time, all good, but otherwise you may have missed the opportunity.
Any clarity would be appreciated.
Regards Leon

[Davo36]

I assume you're the landlord?

Say your rent review date is 1st April, then you need to give notice of a rent review (amount etc.) between 1st Jan and 31st March.

So in that 3 month period.

When they say "Next rent review date" they mean the one coming up.

Oh and yes, if you miss the rent review date i.e. it has passed, then yes you have to wait for the next one, so don't do that.

[Leonc]

Thanks for that Davo36, the below is what I wanted to hear! Cheers Leon

When they say "Next rent review date" they mean the one coming up.

[Beano]

The way I read it is (using 1st of April 2017 as bring the due date)
You can issue the rent review anytime between 1 January 2017 and 31 March 2019.
The rental agreed/set is applicable from 1 April 2017
So could well be backdated

[Leonc]

A different interpretation, hence my wavering!

[Wayne]

The way I read it is (using 1st of April 2017 as bring the due date)
You can issue the rent review anytime between 1 January 2017 and 31 March 2019.
The rental agreed/set is applicable from 1 April 2017
So could well be backdated

That's how I've always read it also.
It says - no earlier than 3 months prior to rent review date and no later than the next review date.
If they meant 'review date' they wouldn't have said 'next'.
'rent review date' and 'next review date' are two different dates.

[Davo36]

Hmmm, I'm away at the moment so can't read the agreement, but I'd be surprised if that's the way it works. Good for the landlord if that's the case though.

[Beano]

Hmmm, I'm away at the moment so can't read the agreement, but I'd be surprised if that's the way it works. Good for the landlord if that's the case though.

I have reviewed rentals 18 months in arrears and backdated them to the effective date without any challenges from the tenants.

[Wayne]

I have reviewed rentals 18 months in arrears and backdated them to the effective date without any challenges from the tenants.

Because that's what the agreement says.

[Davo36]

Wow, back home now, read it, you guys are right.

Learn something new every day.

[Davo36]

I have reviewed rentals 18 months in arrears and backdated them to the effective date without any challenges from the tenants.

Hmmm, they can't have been happy about it though.

[Beano]

Hmmm, they can't have been happy about it though.

Is any tenant happy paying an increase ?

[Davo36]

Is any tenant happy paying an increase ?

Well of course not. But even less so when it's backdated I'm sure.

[Beano]

Well of course not. But even less so when it's backdated I'm sure.

they should be very happy as they had the use of the money by not paying the increase from date one! :-)

[Davo36]

they should be very happy as they had the use of the money by not paying the increase from date one! :-)

Haha, yes, present value vs future value.