London District Properties Management Ltd. and others v Goolamy [2009]EWHC 1367

The tenancy agreement with Mr and Mrs Goolamy contained the following rent review clause: “It is hereby mutually agreed that with effect from each anniversary of the commencement of the term hereby created (whether during the said term or during the currency of any subsequent statutory periodic tenancy) the yearly rent payable hereunder (and accordingly the periodic payments of rent) shall increase by five per cent.” The question posed by this case is: “Does section 13(1)(a) of the Housing Act 1988 have the effect of enabling a landlord to seek to increase the rent payable under a statutory periodic tenancy beyond the levels contemplated in a rent review clause in the assured tenancy that preceded it, even though that clause purports to govern the position during the currency of both the assured tenancy and any subsequent statutory periodic tenancy?”. The answer here is