header-logo header-logo

05 September 2025 / Thomas Rothwell , Kavish Shah
Issue: 8129 / Categories: Features , Property , Landlord&tenant , Commercial
printer mail-detail

Rent reviews: ups & downs

228909
Thomas Rothwell & Kavish Shah report on the surprising introduction of downward rent reviews
  • Legislation has been introduced to Parliament to ban upwards-only rent reviews in commercial leases.
  • Part of the proposals will also permit tenants to trigger rent reviews, even where the wording of their lease does not allow them to do so.
  • The government is aiming to deal with what it sees as a power imbalance and to bring down high street rents. However, without recent consultation, it is not clear whether there is enough evidence behind the proposals.
  • It will be interesting to see if parties adapt rent review clauses away from variable factors (like open market rent) and towards stepped rents.

The English Devolution and Community Empowerment Bill, introduced to Parliament on 10 July 2025, contained a surprise: a ban on upwards-only rent reviews in commercial leases. There has not been any consultation with industry about this change.

Commonly, rent review clauses in commercial leases contain upwards-only rent reviews, meaning

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll