The Upward-Only Rent Review Ban Explained
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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The ban on upward-only rent review clauses is one of the biggest changes coming to commercial leases. Here is exactly where it stands, because a lot of coverage gets the status wrong.
What an upward-only review is
An upward-only rent review resets the rent to the market level at review, but with a floor: the rent cannot fall below the passing rent, even if the market has dropped. This has long favoured landlords and investors by protecting income.
What the law now says
The ban is legislated. It is contained in the English Devolution and Community Empowerment Act 2026, which received Royal Assent on 29 April 2026. However, the ban itself is not yet in force: commencement is expected around 2027 to 2028 once the detailed provisions are brought into effect.
It is not retrospective
The ban is not retrospective. Existing leases keep their upward-only clauses. The change is aimed at new business tenancies once it commences. Care is needed around leases with renewal options and anti-avoidance provisions, and the detail is still settling, so take advice on any specific lease.
What it means for landlords
Once in force, new leases will not be able to use a pure upward-only clause, so landlords may turn to alternatives such as index-linked reviews with a collar, or fixed uplifts. For now, upward-only reviews remain valid and enforceable. See commercial rent reviews and the law reform tracker.
When does the upward-only rent review ban start?
It is legislated (Royal Assent 29 April 2026) but not yet in force, with commencement expected around 2027 to 2028.
Does the ban affect existing leases?
No. It is not retrospective, so existing leases keep their upward-only clauses. It targets new business tenancies once it commences.