The Government have announced a major policy shift with plans to ban “upward only” rent reviews in new commercial leases across England and Wales.
The change means landlords will no longer be able to insert clauses in new leases that prevent rents from falling, even when market conditions dictate a decrease. Instead, commercial tenants will now be allowed to negotiate rents that can adjust both up and down, helping them remain viable in a challenging economic climate.
Bira has praised the move, saying it marks a long-overdue step toward a fairer and more balanced rental market for small businesses.
Andrew Goodacre, CEO of Bira
Andrew Goodacre, CEO of Bira, said: “Over the years, commercial tenants have had to accept that rents only go up – something that is a major concern for many independent retailers. Upward only rents are also unfair on commercial tenants as the practice does not reflect market conditions and leads to a biased lease agreement in favour of landlords.”
“We’ve campaigned to change this system and make it fairer for indie retailers renting property. We’re delighted to see that we have now been heard, and decisive action will be taken in favour of the leaseholders.”
The Government says the change is intended to help reduce the number of vacant units on high streets and prevent unaffordable rent demands from pushing small firms out of town centres. By scrapping the one-sided clauses, ministers hope to reduce pressure on local retailers and revitalise high streets that have seen increased closures and footfall decline in recent years.
Although existing leases will remain unchanged, the new rules will apply to all new commercial agreements, giving incoming tenants better protection and flexibility.
Bira has called this a vital victory for small businesses that often lack the bargaining power to challenge entrenched practices in the commercial property market.
The reform, introduced as part of the English Devolution and Community Empowerment Bill, has been broadly welcomed by tenant advocacy groups.
