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...counter-notice given by the Defendant under a rent review clause in a lease of property near Bournemouth. The Judge concluded that the counter-notice was valid and the Claimant appeals against that...decision. 2. The issue in the case was whether the Defendant, the tenant of the premises could validly serve a counter-notice in respect of a rent review notice served by the landlord notwithstanding the fact that th...Issue No 5. "It is unfortunate that over 15 years after these cases were decided, the legal effect of a common provision in a rent review clause is still unknown. This is the common law at...
...counter-notice given by the Defendant under a rent review clause in a lease of property near Bournemouth. The Judge concluded that the counter-notice was valid and the Claimant appeals against that...decision. 2. The issue in the case was whether the Defendant, the tenant of the premises could validly serve a counter-notice in respect of a rent review notice served by the landlord notwithstanding the fact that th...Issue No 5. "It is unfortunate that over 15 years after these cases were decided, the legal effect of a common provision in a rent review clause is still unknown. This is the common law at...
...Lord Justice Lewison: 1. The issue on this appeal is the interpretation of an index-linked rent review clause contained in a reversionary lease of offices in Bromley. The...24 March 2010. The Initial Lease contained an upwards only rent review clause to market rent at five yearly intervals, with a final review a few days before the term was due to expire. The first ...Date; and3.2.2 the revised rent ascertained in accordance with this clause.3.3 the annual Rent for any Review Period is to be determined at the...
...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...the Housing Act 1988 ["the 1988 Act"]. It contained a rent review clause in the following terms: "6. It is hereby mutually agreed that with effect from each anniversary of the commencement...Act. It was governed by section 13(1)(a) with the result that any rent review clause in the original assured tenancy was not incorporated into the subsequent statutory periodic tenancy. That would be so...
...to be pronounced in terms of the first conclusion.[3] The lease contains a rent review clause (clause THIRD (b)) which makes reference to the "average percentage increase in rental...issue debated before me was which of those constructions of the rent review clause is correct. [4] The third and fourth conclusions of the summons are consequential upon the second. The...Tenure Reform (Scotland) Act 1974, section 8).[8] Clause THIRD (b) of the lease was, as I have already mentioned, a rent review clause. Since it is the subject of the dispute it is...
...to be pronounced in terms of the first conclusion.[3] The lease contains a rent review clause (clause THIRD (b)) which makes reference to the "average percentage increase in rental...issue debated before me was which of those constructions of the rent review clause is correct. [4] The third and fourth conclusions of the summons are consequential upon the second. The...Tenure Reform (Scotland) Act 1974, section 8).[8] Clause THIRD (b) of the lease was, as I have already mentioned, a rent review clause. Since it is the subject of the dispute it is...
...occasion, in 1988, the landlord elected to instigate a rent review, and the rent was increased. On the second occasion, in 2013, the landlord elected not to instigate a rent review. The issue between the p...thereof) the rent of 2,500 "5. The rent review clause, as material, appears at clause 5(1)(a) in the following terms: "On the expiry of each period of 25 years...at 353D as follows: "The question raised on this appeal is one of construction of a rent review clause in a lease. In answering that question it is axiomatic that what the court is seeking...
...altogether easy question of construction of a few words in a badly drafted rent review provision in a lease. The clause requires the rent to be calculated by reference to "the rack rents receivable by the...lessee to use its best endeavours to sub-let the various parts of the premises at the best rents reasonably obtainable without taking a premium and with appropriate provisions for rent review. The lease contained a full arbitration ...in clause 4 could attach. Accordingly, this being an upwards only rent review clause, he held that the yearly rent payable by the respondent during the current period was the current passing rent ...
...Secretary of State"). That occupational sub-lease was to include a rent review clause. In this action of professional negligence, the pursuers contend that the defenders failed to comply with their...instructions as to the terms of the rent review clause.Background [2] The context in which the relevant events took place was not seriously dispute. In early 1986, the Crown Office...the negotiation and drafting of the rent review clause in occupational sub-lease between the pursuers and the Secretary of State. Those negotiations were part of the negotiation of the occupational sub...
...), (d) The existence of the provision for the rent review of the rent of the premises. In accordance with the provisions of that clause the Landlord...served notice for a review of the rent payable under the lease as and from the 18th November, 1985. The Lessor submits that properly construed this clause requires the rent to be fixed for a term...conditions of this lease". It is submitted that once the existence of the rent review clause is to be disregarded, then this expression requires the rent to be fixed for a period equal to the residue...
...requirement in paragraph 2 to serve a counter-notice within one month after receipt of the rent review notice. The authorities12 In United Scientific Holdings Ltd v Burnley Borough...other clauses or in the surrounding circumstances the presumption is that the time-table specified in a rent review clause for...guidance as to the construction of a rent review clause. It included: "(1) (2) There is a rebuttable presumption that the time-table specified in the clause for...
...effect of a rent review clause in the lease. The lease reserved a rent of 125 p.a. subject to the provisions of clause 6. Clause 6 provided that the expression Rent Review Dates ...provided as follows: 6.2. The yearly Rent shall be: - (a) Until the first Rent Review Date the Rent specified in clause 1... (b) The Rent specified under clause 1 being a nominal rent notwithstanding, during each successive Review Period such revised rent as may be ascertained as herein...
...therefore proceed to determine the question which has been raised. 4. I can go from there to the terms of the lease and then more particularly to the rent review provisions. As I have indicated, the lease was entered...review period pursuant to the rent review clause contained in clause 6 of the lease. The demise was in clause 2 of the lease, demising the premises for the term which I have described. ...reserved an initial yearly rent of 15,000 subject to later review. The tenants' covenants were contained in clause 3 of the lease. They were of a fairly conventional kind. By clause 3.14.1 the tenant...
...apply, are by no means uncommon in the field of commercial leases. However, there are three very important features of the present case which distinguish it from the type of rent review clause with...which the courts became very familiar in the last quarter of the 20th century. 28. First, this is not a rent review clause which has been entered into in the normal commercial.... 32. The second factor which is unusual about the rent review clause in the present case, when compared with those in commercial leases, is that the level of reviewed rent is unaffected by the d...
...and not more than two years' written notice. [3] The rent review clause is in the following terms: "The Landlord and the Tenant may, by notice in writing served on...could have been terminated by notice to quit (or notice of intention to quit) given on that date. [9] The Land Court held that the tenant was entitled under the rent review clause to...not stipulate that a specific valuation method should apply at any rent review during its currency (eg Dunbar and Anderson, 1985 SLCR 1), the proper inference is, in my opinion, that the well-known and well-understo...
...Introduction1. This Part 8 Claim raises two related issues of construction in respect of a rent review clause in a lease. The Claimant and the Defendants are respectively...(3)(iii) and (iv) and under which the same is to be ascertained"8. Clause 5(3) contains the rent review provisions themselves and, in view of the arguments addressed to me on construction, it is...Claimant tenant is anxious that the rent review should take place with effect from 24th June 2003, and on 18th July 2003 its solicitors wrote to the Defendants requiring such a review to be implemented. The Defendants' resp...
...1. This is an appeal from a decision of Mr Recorder Hooper QC given at Bow County Court on 25th February 2004, in connection with a rent review clause. 2.... 5. Clause 5.1 of the lease contained provisions for rent review. Clause 5.1(a) to (d) provided as follows: "5.1(a) If the Landlords so require the basic rent shall be reviewed...) informing the Landlords that the Tenant [does] not accept the annual amount proposed by the Landlords the new basic rent shall apply from the review date and the remaining sub clauses of this clause 5.1...
...lease contained a rent review clause. There was to be a rent review on 29th September 1990 and every five years thereafter. The last review will take place on 29th September 2030. ...for rent review as provided for in this present clause) and on the assumption that all the covenants on the part of the Tenant contained in this lease (including all covenants to carry out works and...and a use. Arundel's contention is that the word "warehouse" as used in the rent review clause describes a physical entity and says nothing about the use to which that physical entity may be put...
...required by section 13 in relation to tenancies which carried their own rent review clause. 3. In my judgment, for reasons which I will amplify below, Contour is correct in its...clauses of the first kind but not the second kind were within section 13(1)(b). In my judgment, this is not correct. Both kinds of rent review clause are within the exclusion in section 13(1)(b) because...clause would be the sort of clause referred to by the judge and it would fulfil the statutory wording. However, there is nothing as I see it within section 13(1)(b) to limit rent review clauses to...
...93. The question at issue in that case was whether in operating a rent review clause under a lease, the tenants were bound by the construction given to the very same clause by Walton J in earlier...House to conclude that the rejection of Walton J's construction of the rent review clause in the subsequent case-law was a materially altered circumstance which warranted rearguing the very point that...litigation between the same parties over the previous rent review. The Court of Appeal had subsequently, in other cases, cast doubt on Walton J's construction, and the House approached the matter on...