Lease problems - can land lord do this?

beefster

barfer wrote:

As people say, you are not obliged to pay more rent for previous years. But do remember that the new rent will be £4,100 plus RPI since 1997.

Why is that?? If the lease is reviewable annually how can they increase it in one year by more than the increase in the rpi over said year. I would like to understand your argument before I contact the council in case I am missing something.

Only mention of fees / rent payable within the lease reads as follows.

During the period from the commencement of the said term to 12th day of March two thousand and twelve the yearly rent of FOUR THOUSAND ONE HUNDRED POUNDS (£4,100) reviewable annually in an upward direction only to changes in the Retail Price Index

And thats exactly how it is written absolutly nothing missed... even the full stop at the end is missing??
The only other mention of rates is if unpaid after 21 days...... penalties etc.

Thanks for all your interest/ advice.

Debt_Free_Chick

I can't be sure where you stand legally, but I can see both sides here.

Purely from a pragmatic point of view .... you will need to weigh up the costs of fighting the Council, especially if you need to get legal advice or go to Court. You might want to consider just paying up, if they don't back down - it may be cheaper than fighting them, so consider it. Remember that the Council only gets its money from Council Tax (and rent like this) so they will probably try and pursue full payment, otherwise Council Taxpayers (yes, I know you're one of them) could criticise them for letting money slip through their fingers!

Do you get any grants e.g. from local Parish Council? If not, then speak to them ASAP and see if you can make an application, on the basis that you provide valuable recreational facilities for the local community. Look for other sources of grants too - the local council might have a grant fund!

Also, consider running a 50 club (if you don't already) to raise funds to help you pay.

All the above .... in case you have to pay!

HTH

beefster

I would suggest thats exactly whay they want us to do. Throw in the towel due to costs of fighting the battle.

Ther costs will of be a consideration but they have dropped a ricket and if they start to bully us into paying for their mistakes then we will be forced to fight it as best we can. First defiant letter is in the post today.

rozeepozee

beefster wrote:

During the period from the commencement of the said term to 12th day of March two thousand and twelve the yearly rent of FOUR THOUSAND ONE HUNDRED POUNDS (£4,100) reviewable annually in an upward direction only to changes in the Retail Price Index

Hmmmm.... This term does seem open to interpretation/ambiguous. "Reviewable" does seem to suggest a discretion on the part of the landlord that the rent will be reviewed, not that it is definately going to increase but, not being a specialist in leases, I don't know if this would be how it would be interpreted by the courts. They are not asking for the full amount to be backdated because claims on contractual disputes have a limitation period of 6 years. That is you can't pursue a claim beyond that. Sorry I can't be more helpful.

I suspect a landlord and tenant lawyer would be able to give you a definitive answer. Isn't there a friendly local firm of solicitors who'll give you a bit of quick advice over the phone?

If the news is bad and the monies are payable, I would suggest you call on the goodwill of the council for a reduction and/or an extended time to pay explaining the state of the club's finances.