Henniker-Major and others v Daniel Smith (a firm) and others
Language: English Series: Estates Gazette ; (1991) 12 EG 58-63(4)Publication details: 1991Subject(s): Summary: CA 1 November 1991. Appeal by defendant surveyor Daniel Smith (a firm) (d) against a HC decision over construction of a rent review clause in a shop lease. Trigger notice not served within time limit . Date from which increase of rent, specified in belated notice, became payable was the main issue. Plaintiff landlords considered they had lost a year`s increase and claimed damages against D for alleged negligence in serving the notice late. D claimed that on true construction of the lease, there had been no loss of a year`s increase. Appeal by D on the preliminary issue. CA declared that any increase of rent payable in accordance with a rent notice served between 25 March 1980 and 25 March 1981 was payable from the earlier date.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS44270 (Browse shelf(Opens below)) | 1 | Available | 46277-1001 |
CA 1 November 1991. Appeal by defendant surveyor Daniel Smith (a firm) (d) against a HC decision over construction of a rent review clause in a shop lease. Trigger notice not served within time limit . Date from which increase of rent, specified in belated notice, became payable was the main issue. Plaintiff landlords considered they had lost a year`s increase and claimed damages against D for alleged negligence in serving the notice late. D claimed that on true construction of the lease, there had been no loss of a year`s increase. Appeal by D on the preliminary issue. CA declared that any increase of rent payable in accordance with a rent notice served between 25 March 1980 and 25 March 1981 was payable from the earlier date.