Saracens Blog

What is Interim Rent and who is entitled to it?

The Landlord and Tenant Act 1954 allows for the opportunity for determination of “interim rent”. The requirements under ss 24A-24D of the Landlord and Tenant Act 1954 now allows both the tenant and the landlord to apply for such a determination, so that over-rented premises may be reduced as from “the appropriate date”.

Under the Landlord and Tenant Act 1954, if we consider that premises have reached the status of being over-rented, the landlord can no longer postpone the date in which to reduce rent. The Landlord and Tenant Act 1954 certifies that the landlord will not be able to postpone the date of a reduction in rent by serving a s25 notice.

Indeed, 24B(2) Landlord and Tenant Act 1954 provides that where a landlord has given notice under s 25, the landlord will have to look a the “appropriate date” as the earliest opportunity in which he can give notice to the tenant.

Another method of determining interim rent is through a s26 request. Again, this provision is founded under the Landlord and Tenant Act 1954. This is a provision available to tenants under the Landlord and Tenant Act 1954 but in many cases the tenant is unaware of the fact that he may be entitled to interim rent. This is in effect where s 25 of the Landlord and Tenant Act 1954 comes to the fore. Once a s25 notice is served, it is likely that the tenant will seek legal advice and a solicitor who is well versed on the Landlord and Tenant Act 1954, may well prompt the over-rented tenant to make an interim rent application.

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3 Responses to “What is Interim Rent and who is entitled to it?”
  1. 06.28.2012

    all landlords suohld know roughly what their properties suohld rent for, to protect themselves.I suohld mention that I know of agents who operate schemes like this where they pay the landlord 10-20% below market rent (guaranteed), but then rent out the rooms individually, perhaps to students or benefit claimants, so they could then achieve a higher level of income, in a way that the landlord might not (because it takes more management effort to manage HMOs etc)If that a31,100 is actually combined rent on a per-room basis, then actually market rent as a single-residence may be less, and so the reality may be rather different from the picture painted.I also wonder what the contractual arrangement is is the agent acting as agent, or as tenant? I am aware some agents actually take a form of tenancy, and then sublet, although again it is critical the landlord know what market rent is.

  2. Gary Wilson
    08.08.2012

    You never actually explain what interim rent is.

    • IT and Dev Team
      08.23.2012

      Gary,

      So sorry about the late reply. We’ve just discovered a problem with our comment system. We’re working on solving the problem as soon as possible. I can’t apologise enough.

      Here is the answer you were looking for.

      Interim rent is the rent payable during the gap between a business lease expiring and that lease being renewed pursuant to the Landlord and Tenant Act 1954. Whilst the terms of the new lease are being negotiated or arranged, the tenant will continue to pay interim rent at the old rent as per the old lease, unless an application is made to the court by either the landlord or the tenant to determine the rent payable during the continuation period.

      Hope that helps. Please do let us know if you require any further information. So sorry once again.


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