header-logo header-logo

27 November 2008 / Ben Trust
Issue: 7347 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Under review

Does 'abnormal' rent review spell trouble for tenants in turmoil? asks Ben Trust

Stamp duty land tax (SDLT) came into force on 1 December 2003. Many leases granted on or after that date working on a five-year cycle will shortly have their first rent review. If, after 1 December 2008, the tenant under such a lease suffers a substantial increase in the rent on review, it will now be subject to an SDLT charge, as a result of the introduction of a new liability relating to “abnormal rent increases”.

In the current climate, where many tenants are actively seeking concessions in rent, this burdensome liability coupled with an increase in the rent itself, may be one financial outlay too far. To further add to tenants’ woes, despite a five year lead-in period which HM Revenue & Customs (HMRC) had to finalise the legislation in this area, HMRC only recently acknowledged that the rules currently on the statute book which come into force on 1 December 2008 are unworkable and require amendment. However, any such amendment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll