Rent review
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Arnold and others v National Westminster Bank plc
Rent review clause — Whether hypothetical lease contains rent reviews — Earlier action deciding against rent reviews — Whether issue estoppel prevents lessees reopening question — Whether exceptions to issue…
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Arnold and others v National Westminster Bank plc
Arbitration — Whether award of arbitrator as varied should be remitted where later court decisions disclosed error of law — High court holding that error of law not appealable –…
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Bisichi Mining plc v Bass Holdings Ltd
Underlease — Construction — Rent-review clause providing for first rent review after 40 years — Commencement date earlier than date of signature of underlease — Issue as to date of…
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Iceland Foods plc v Dangoor and others
Rent review — Express time limits prescribed for various steps — No time limit for landlords’ application for appointment of surveyor — Whether such limit to be implied — Landlords…
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PP 2002/125
Whether time limit imposed – Whether time of essence. Depending upon which way the market has moved since the rent was last fixed, it may pay L or T (the…
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PP 2002/109
Only one lessee in the market. When it comes to disregards, there is a striking difference between: (a) the fixing of a rent at rent review; and (b) its determination…
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PP 2002/106
Streamlining hearings before arbitrator. Writing in Estates Gazette, leading landlord and tenant silk, Jonathan Gaunt QC, of Falcon Chambers, makes a strong case for a procedure whereby, prior to a…
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McDonald’s Property Co Ltd v HSBC Bank plc
Landlord entitled to initiate review – Late service of landlord’s trigger notice – Tenant claiming time to be of essence -Tenant claiming that court not bound by House of Lords…
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Starmark Enterprises Ltd v CPL Distribution Ltd
Notice – Whether time of the essence – Landlord serving notice specifying amount of increased rent – Clause providing that tenant bound to pay such amount on failing to serve…
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Scott and another v City and County of Swansea
Claim for rectification of rent review clause – Tenant claiming that words qualifying improvements to be disregarded inserted by mistake – Tenant further claiming that arbitration award vitiated by landlord’s…
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Daejan Properties Ltd v Holmes
Rent review clause contains express disregard of voluntary improvement effected by tenant — Tenant enters into absolute covenant against alterations — Terms of lessor’s licence deems permitted works to be…
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Turner v Stevenage Borough Council
Arbitrator banking cheque from one party following his request to both for interim payment of fees – Money returned when clear that other party unwilling to pay – Whether arbitrator…