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
Determination of market rent – Long lease – Length of notional term – Whether hypothetical tenant impliedly subject to subletting restrictions
Rent review clause — Construction — Jurisdiction — Appointment of independent expert — Lease referring to “retail purposes” — Clause specifying particular retail trade involved — Expert paying heed to…
Landlord and tenant — Construction of rent review clause — Appeal from decision of Mr Michael Wheeler QC, sitting as a deputy judge of the Chancery Division — Underlease for…
Landlord and tenant — Rent review clause in lease — Construction — Whether words ‘(other than the rent hereby reserved)’ in review clause required the assumption that the hypothetical term…
Landlord and tenant — Rent review provisions — Arbitration — Application by landlords under Arbitration Act 1950 for remission of award for reconsideration on ground of procedural mishap or technical…