A Commercial Rent Having Been

Application pratique:

Under the rule established in the Supreme Court decision of 26 November 1986, any application to review a commercial rent is inadmissible if made less than three years after the previous rent review took effect. Here, the landlord’s application is premature because only 15 months have elapsed since 1 March 2023. To comply, he must wait until at least 1 March 2026 to request a new review. He should set a reminder for that date and begin gathering comparable rental evidence well in advance to support a future claim.

Application pratique:

The 1986 Supreme Court ruling makes clear that a rent review application is only admissible after a full three-year interval from the date of the last contractual rent adjustment. Since only two years and three months had passed by January 2025, the landlord’s notice is invalid. The tenant should formally reject the demand in writing, citing the rule and the specific Supreme Court reference (No. 85-14.399). He should also refuse any rent increase until at least 1 October 2025, keeping a copy of all correspondence in case of future dispute.

Application pratique:

The Supreme Court decision confirms that the three-year waiting period runs from the date the rent was last contractually fixed, and a change of ownership does not restart the clock. The notice served in July 2024 is premature and legally ineffective. The investor must wait until 15 September 2026 at the earliest to seek a review. He should immediately withdraw the invalid notice, thoroughly review the original lease terms, and diarise the correct review date to avoid a fruitless and potentially contentious process.