What is Interim Rent and who is entitled to it?

December 29 , 2010
December 29 , 2010

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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