Can I get out of a lease if a rent review makes the premises too expensive?

 

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Nick Abell

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5. Can I get out of a lease if a rent review makes the premises too expensive?

There is no automatic right to get out of a lease just because the rent has increased.

You may be able to challenge the proposed new rent if it is too high. For example, if the rent is based on 'open market value', your advisers may be able to make a case that the open market value is lower than the figure the landlord proposes.

Failing that, you will be faced with negotiating with the landlord. If you face genuine financial difficulties, the landlord may be prepared to negotiate the termination of the lease - or a lower rent - rather than risk seeing you default.