Consideration and promissory estoppel help?!

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spock1304
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Report Thread starter 3 years ago
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Hi all, I have a contract problem question which is similar to that of High Trees involving rent payments.

More specifically, it refers to a landlord who states that they would reduce the monthly rent until the tenants were, 'in a better financial position'. Later on, landlord then states he would be increasing the rent to the original amount despite the tenants still being in financial trouble.

Would the tenants be required to pay more as there is no consideration here and its just a gratuitous promise or would promissory estoppel come into play here? or, is there executory future consideration from the tenants?

My head is about to explode!!!
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Puddles the Monkey
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Hi - sorry you haven't had a response to this yet. I'm just going to bump the thread in the hope that someone sees this and can help
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courteneyyyy
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I would think promissory estoppel would come into play here. (1) clear and unequivocal promise(2) reliance(3) inequitable in all the circumstances to resile. In High Trees the reduction was 'intended simply as a temporary expedient to deal with the exceptional conditions prevailing' - A promise 'intended to be binding, intended to be acted on and in fact acted on, is binding so far as its terms properly allow'. I'd therefore try to argue that it would be inequitable to resile on the promise as the 'exceptional circumstances are still prevailing'. I suppose it would be dependent on how long the reduction has been in effect if it was only intended to be temporary.
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