Apr 9, 2013 13:26
11 yrs ago
28 viewers *
English term

passing rent

English Bus/Financial Real Estate
Hello everyone

My question is: where does the term "passing rent" come from? In other words, what does "pass" have to do with "passing rent"?

Thanks

Discussion

AllegroTrans Apr 9, 2013:
How you translate this will depend to a large extent on (a) the country/jurisdiction this is from (you haven't told us) (b) the language into which you are translating and whether there is an equivalent term in that language relevant to the country of your target reader.
You are more likely to get suggestions if you re-post in the language pair concerned. I think discussion on comparisons between your term and other commercial/legal terms is a little outside the scope of KudoZ and suggest further web research as a starter. Can I suggest using Google Scholar as your search engine, it tends to return better refined results.
Samuel Murray (asker) Apr 9, 2013:
All right, kindly suggest a definition then. Give me a definition that explains how "passing rent" differs from any other kind of rent (such as headline rent and turnover rent). Perhaps that will help.
AllegroTrans Apr 9, 2013:
We can realistically only suggest definitions and these can easily be found in legal dictionaries etc.
I suggest you re-post this in the language pair into which you need to translate it
Samuel Murray (asker) Apr 9, 2013:
The text I need to translate is "passing rent".

I know what "passing rent" means (it means the same as in those four web references), but in order to translate it, I need to know what the word's etymology is. In other words, I need to know what is so "passing" about the rent. I know that ground rent has to do with ground (land), and turnover rent has to do with turnover, but you can't say the same of "passing rent", can you? If it has something to do with "passing", then I don't understand it.
AllegroTrans Apr 9, 2013:
OK you have given us 4 webrefs; but what is the actual text you have before you for translation?
Samuel Murray (asker) Apr 9, 2013:
AllegroTrans Apr 9, 2013:
Without surrounding text this is hard to answer
Context please
Shera Lyn Parpia Apr 9, 2013:
of course context always helps to understand a term!

Responses

21 hrs
Selected

actual amount that passes from tenant to landlord under terms and conditions of lease

I do understand your difficulty, i.e. in the term "passing rent", just what is it that is actually "passing"? All the definitions available simply provide an explanation of what the term refers to, without actually explaining why it is "passing", and not, say, simply "current" or "existing" or "acutally payable", etc.

It has been extremly difficult to find any explanation at all of the origin of the term, but this is my best shot.

First of all, some more definitions:

passing rent (i.e. the rent that the tenant is currently contracted to pay to the landlord).
http://books.google.co.uk/books?id=fc8CkwyoApAC&pg=PA60&lpg=...

Passing (or contract): The rent specified by a given lease agreement; although a given contract rent may equate to the Market Rent, in practice they may differ substantially, particularly for older leases with fixed rental terms. The term, contract rent is North American usage; passing rent is Commonwealth usage. (IVSC)
http://www.commerce.wa.gov.au/consumerprotection/PDF/Reports...

Passing rent is simply the current contractual rent on the property, expressed in annual terms.
http://www.7dials.com/pages.asp?id=82

The most common form of rent review provision is still what is referred to as an upwards-only review to open market rent. This means that on each designated review date, the rent will be reviewed by comparing the rent actually payable under the lease on that date (the passing rent) with the rent that would be obtained if the Property had been marketed and was being re-let on similar terms on that date (the hypothetical letting).
http://www.practicalconveyancing.co.uk/content/blogcategory/...

I'm not at all sure about this, but believe that "passing" might refer to the fact that the rent or payment "passes" from the tenant to the landlord.

Among the many things that are negotiated, there are several issues that are critical in determining the timing of payments and the amount of cash that passes from the tenant to the landlord during the lease term.
http://books.google.co.uk/books?id=PcwFrMTdFTYC&pg=PA174&lpg...

The tax is based upon the open market value of the property and not the current rent passing between the tenant and the landlord.
http://www.fig.net/commission7/verona_am_2008/papers/12_sept...

I don't think "current rent" on its own is sufficient. Try Googling ""current passing rent" and see how many hits you get.
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4 KudoZ points awarded for this answer.
17 hrs

rent from a sub-let

You rent a house, and then rent it to someone else (sub-let). You take the rent your tenant pays you and pass it on to your landlord. THe rent passes from one person to another through you. That is in my opinion what passing rent means here.

see meaning 3 here
http://www.macmillandictionary.com/dictionary/british/pass-o...

Peer comment(s):

neutral AllegroTrans : Your ref doesn't deal with the term as a whole: can you give a ref. to show that there has to be a sub-letting please?
2 hrs
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Reference comments

26 mins
Reference:

An idea...?

This ref. (which I haven't investigated further) looks as if it might go part way to explaining where it comes from:

PLC - Passing rent

property.practicallaw.com/6-107-6977

The phrase is often used in alienation covenants where a tenant covenants not to grant an underlease at a rent less than the rent passing under the headlease ...
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5 hrs
Reference:

Some clues

PLC - Passing rent
The phrase is often used in alienation covenants (www.practicallaw.com/A35801) where a tenant covenants not to grant an underlease at a rent less than the rent passing ...
property.practicallaw.com/6-107-6977 - Cached


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Note added at 5 hrs (2013-04-09 19:00:45 GMT)
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Passing rent
The current rent paid to the landlord by the tenant who holds the property.
Found op http://www.encyclo.co.uk/local/20698
Note from asker:
So, would you be satisfied to replace "passing rent" in a text with e.g. "current rent"?
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