Dear Beatrice

Perplexed by property law? Beatrice Gallivan is on hand to answer your questions.

Q:  I am the landlord of warehouse premises, the lease of which expired in December 2013.  A section 25 notice to terminate was served to expire in December 2013, following which the tenant applied to the court and has been holding over.  The proceedings have been stayed.  I was not anticipating any increase in the rent on renewal and terms of a new 5 year lease were agreed at the existing rent of £25,000 per annum.  The tenant has since then dragged its feet and the new lease has not completed. The tenant is finally willing to complete but is insisting that the new 5 year lease should commence from now, but at the passing rent from 18 months ago of £25,000 per annum.  In the meantime, the market has strengthened and the market rent is now £29,000 per annum.  Am I entitled to insist on the current market rent?  If so, what should the amount of the rent be for the period in between the