Comparables – whether arbitrator guilty of giving evidence to himself. Q The Court of Appeal decision in Checkpoint Ltd v Strathclyde Pension Fund [2003] EWCA Civ 84; [2003] 1 EGLR…
Arbitrator on rent review applying own experience of area in vicinity of demised premises — Whether serious irregularity and procedural unfairness — Whether distinction to be made between application of…
Clause in lease allowing for rent review at five-year intervals — Whether appellant landlord permitted to instigate rent review at any time during that period — Appeal dismissed
Rent-free period: Assessing and adjusting the headline rent. The provision in a lease for a rent-free period, whether for fitting-out or otherwise, can be a fertile source of disagreement at…
Deemed delivery under section 196 of Law of Property Act 1925. Slippery Sam is expecting postal delivery of a notice that will do him no good at all if it…
Lease of shop premises — Provisions of rent review — Requirement that notice of review be given to lessee six months before review date — Lessor failed to give notice…
Rent review — Time limits — Rent review clause in lease providing for landlord to apply to RICS for determination of rent if not agreed — No express time limit…
Lessor’s notice — Lessee’s counternotice — Whether time of the essence for service of lessee’s counternotice — Presumption that time not of the essence — County court holding that presumption…
Sections 68 and 69 of Arbitration Act 1996 — Arbitrator fixing rent at double the passing rent — Arbitrator accepting comparables located six miles from demised warehouse — Tenant appealing…
Old-fashioned rent review provision — Landlord entitled to apply for appointment of surveyor in default of agreement — Tenant serving notice purporting to make time of essence — Whether such…
Landlord’s trigger notice — Whether served too late — Lease providing specifically for earliest but not for latest date — Review date specified as “material date” for other rent review…
Petrol filling station and area at rear for bunkering — Lease providing for rent review every five years — Open market rental value as between willing landlord and tenant for…