Can I Challenge My Rent Review? A Guide for Commercial Tenants

When you receive a notice proposing a rent increase, it's natural to wonder: Can I challenge my rent review? The short answer is yes, but how you go about it depends on your lease, the market, and your willingness to seek professional advice.

In this guide, we explain how commercial tenants can dispute a rent review, understand their tenant rights, and take steps to ensure any rent adjustment is fair and justified.

Understanding Rent Review Clauses

Most commercial leases include rent review clauses, typically every 3 or 5 years. These clauses outline:

• How rent is reviewed (e.g. open market, RPI-linked, fixed uplift)

• When reviews take place

• Whether rent can go down (some clauses are “upward-only”)

Before challenging a rent review, check your lease. This will tell you what mechanism is being used and whether you have any grounds to negotiate or object.

Can a Tenant Dispute a Rent Review?

Yes, if you believe the proposed increase is too high or based on inaccurate assumptions, you have the right to challenge it. Common reasons include:

• The proposed rent exceeds current market rent

• The landlord has made incorrect assumptions about the property or comparables

• There are restrictions or disrepair affecting rental value

• The local market has softened since the last review

You do not have to accept the landlord’s figure. A rent review is typically a negotiation, and both sides are entitled to put forward evidence.

Steps to Challenge a Rent Review

1. Check the Lease Terms

Review the rent review clause carefully. Some leases include strict timelines for responding to a rent review notice. Others may require a formal trigger notice.

2. Request Comparable Evidence

Ask the landlord (or their agent) to provide evidence supporting their rent proposal. What other lettings are they relying on? Are those properties truly comparable?

3. Instruct a Chartered Surveyor

This is where professional advice makes a difference. A surveyor can:

• Inspect the premises

• Review the lease and market

• Provide a justified rental assessment

• Negotiate with the landlord or their agent on your behalf

Surveyors familiar with local markets can often challenge inflated proposals using better comparables or highlighting lease-specific issues.

4. Negotiate the Rent

Rent reviews are usually settled by negotiation. If you’ve appointed a surveyor, they will handle this for you. Most landlords expect some degree of negotiation before a figure is agreed.

5. Escalate if Needed

If an agreement can't be reached, your lease will typically set out a method of dispute resolution, usually independent expert determination or arbitration. A surveyor can represent you in this process.

What Are My Rights as a Commercial Tenant?

• You don’t have to accept the landlord’s proposed rent

• You are entitled to independent advice

• You can negotiate or refer the matter to a third party if terms aren’t agreed

• Your original rent continues until the review is resolved — the increase (if any) is usually backdated

When Should I Get Advice?

As early as possible. Ideally, get a surveyor involved before the rent review date or as soon as you receive a proposal. Early intervention increases your chances of a favourable outcome and ensures you meet any response deadlines in the lease.

How Olden Property Can Help

At Olden Property, we specialise in commercial rent reviews, acting for tenants across Kent, Sussex, Surrey and Greater London. As Chartered Surveyors, we provide:

• Market rent valuations

• Comparable evidence reports

• Lease analysis and negotiation

• Dispute resolution support

If you've received a rent review notice or want to assess your position ahead of a review, we’d be happy to help.

Contact us today for a no-obligation consultation. Your rent should reflect the reality of the market not just your landlord’s expectations.