Laura Investment Co Ltd v Havering LBC (No 2)
Language: English Series: Estates Gazette ; (1993) 08 EG 120-122(3)Publication details: 1993Subject(s): Summary: ChD 27 July 1992. This is an adjourned hearing of an originating summons on the construction of a rent review clause. The first question raised was whether rent should be assessed on the assumption that buildings erected on the land since the grant of the lease were included in the hypothetical demise (Abs46611). The second question, raised by an amendment on behalf of the defendants, is whether the rent should be assessed on the assumption that the premises are let with vacant possession or subject to the tenancies which exist at the date of the rent review. The case was held in favour of the defendants on the grounds that underlettings were contemplated in the lease and the parties intended the rent to be calculated on an assumption of reality. Unless the rent review provision is construed to assume that the premises are in fact underlet, the defendants were bound to be putting themselves in a position in which, on a rent, they would be paying to the landlords a higher rent then th| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS48259 (Browse shelf(Opens below)) | 1 | Available | 65758-1001 |
ChD 27 July 1992. This is an adjourned hearing of an originating summons on the construction of a rent review clause. The first question raised was whether rent should be assessed on the assumption that buildings erected on the land since the grant of the lease were included in the hypothetical demise (Abs46611). The second question, raised by an amendment on behalf of the defendants, is whether the rent should be assessed on the assumption that the premises are let with vacant possession or subject to the tenancies which exist at the date of the rent review. The case was held in favour of the defendants on the grounds that underlettings were contemplated in the lease and the parties intended the rent to be calculated on an assumption of reality. Unless the rent review provision is construed to assume that the premises are in fact underlet, the defendants were bound to be putting themselves in a position in which, on a rent, they would be paying to the landlords a higher rent then th