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Staines Warehousing Co Ltd v Montagu Executor and Trustee Co Ltd and Another

Language: English Series: Estates Gazette ; 283 (6344) 25 July 1987, 458-463(4)Publication details: 1987Subject(s): Summary: CA 30 April 1987. An appeal by the tenants, Staines Warehousing, who had sought a declaration on whether a letter sent by the landlords to the president of the RICS, was an effective application for the appointment of an expert surveyor in accordance with the rent review clause on a lease of property in a trading estate. In ChD, the judge found in favour of the landlords and the tenants appealed. (See Abstract 35852). On appeal it was held, upholding the ChD judgement, that the landlords` application had been made in accordance with the procedure of the RICS; the letter was a genuine application despite the reference to making "an in time only application"; the landlords were not obliged to communicate the application to the tenants. Tenants` appeal dismissed.
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Law report London Journal article ABS38083 (Browse shelf(Opens below)) 1 Available 8630-1001

CA 30 April 1987. An appeal by the tenants, Staines Warehousing, who had sought a declaration on whether a letter sent by the landlords to the president of the RICS, was an effective application for the appointment of an expert surveyor in accordance with the rent review clause on a lease of property in a trading estate. In ChD, the judge found in favour of the landlords and the tenants appealed. (See Abstract 35852). On appeal it was held, upholding the ChD judgement, that the landlords` application had been made in accordance with the procedure of the RICS; the letter was a genuine application despite the reference to making "an in time only application"; the landlords were not obliged to communicate the application to the tenants. Tenants` appeal dismissed.