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Pre-agreed Rental Increase

Question:

Assalaamu Alaikum
An agreement was made btwn landlords and tenant for 3 years and 2  yearly increments (10% every 12 months)
However the landlord forgot to raise the rent on the following year and tenant had that in mind but did not remind. He thought it was a concession from Landlord as at that particular time he was asked to pay 3 months advance.
Landlord wanted to make a new rental agreement but just realised that there was a valid agreement available. Landlord has lost 10% of last years increment amount.
Now Landlord wants the backdated amount of missed period but tenant isn’t agreeing.
He says landlord forcing to pay forgotten increment.
When he says forgot to raise, he means , forgot to ask for the increment (New rent which was agreed in agreement).

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If it was pre-agreed that the rental for the following year will be higher 10%, the tenant is supposed to pay that difference. The landlord forgetting to collect the correct amount does not absolve the tenant of this difference.

And Allah Ta’āla Knows Best

[Mufti] Safwaan Ibn Ml Ahmed Ibn Ibrahim

Darul Iftaa
Limbe, Malawi

Checked and Approved by,
Mufti Ebrahim Desai.

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