Construction of clause — Lease — Rent review — Condition precedent — Service of notice to vary rent — Whether time of the essence — Whether rebuttable presumption — Whether…
Rent review formula — Basis of valuation — Shopping and retail purposes — Areas actually let or available for letting — Whether areas let separately or otherwise — Whether such…
Notice to review — Time of the essence — Notice to be given two quarters prior to expiration of 14th year of term — Term of underlease — Whether reference…
Valuer acting as expert for purpose of rent review – Lease requiring valuer to determine increase if any payable – Lease further providing for certain matters to be disregarded and…
Lease of business premises — Rent review clause — Break clause — Provision that on expiration of notice term should determine — Whether following expiration of term landlord could invoke…
Rent review clause posing reviewed rent and rent currently payable as alternatives without further qualification – Decline in rent levels generally – Landlord contending for upwards-only review – Whether parties…
Rent review clause allowing for upwards or downwards assessment — Heavy fall in rental value since last review date — Whether landlords entitled to “frustrate” review process by electing not…
Commercial property — Definition of site for purposes of valuation — Whether value of “site” determined at date of occupation or date of valuation — Whether tenant to pay for…
Plaintiff tenant seeking construction of rent review clause — Rack-rental value — Whether ceiling on rent — Underleases — Whether decision not to review rent in light of falling market…
Arbitrator — Lease — Open market rent — Valuation of premises upon rent review — Options contained in deed supplemental to lease — Whether option should be taken into account…
Term of hypothetical lease — Two underleases granted to same tenant — First in possession — Second lease of reversion to succeed first lease — Provisions in both leases similar…
Underlease — Commercial premises — Construction of rent review clause — Whether rent could be reduced below that currently due — High Court holding against that construction — Appeal dismissed