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  1. #11
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,295

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    Quote Originally Posted by Beano View Post
    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.
    Squadly dinky do!

  2. #12
    Join Date
    Mar 2015
    Location
    Brisbane Wellington Auckland
    Posts
    775

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    Quote Originally Posted by Davo36 View Post
    Hmmm, they can't have been happy about it though.
    Is any tenant happy paying an increase ?

  3. #13
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,295

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    Quote Originally Posted by Beano View Post
    Is any tenant happy paying an increase ?
    Well of course not. But even less so when it's backdated I'm sure.
    Squadly dinky do!

  4. #14
    Join Date
    Mar 2015
    Location
    Brisbane Wellington Auckland
    Posts
    775

    Default

    Quote Originally Posted by Davo36 View Post
    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! :-)

  5. #15
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,295

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    Quote Originally Posted by Beano View Post
    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.
    Squadly dinky do!

  6. #16

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    Legally and based on the standard ADLS lease, you are not entitled to claim back rent from the rent review date should you serve a market rent review notice more than three months after the rent review date. You will only be able to claim back rent from the date you served notice.

    Most tenants don't know this, and just pay it - but legally it can be challenged. This differs if it is a CPI rent review, which can be fully backdated. This is due to the CPI data being present online and without bias - whereas for example, a market rent review served three years after the date would have somewhat average comparables and would not be a fair market rent review process.

    Of course, you can vary the terms of that market rent review clause, but I'm just going by the norm.


 

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