Willison v Cheverell Estates Ltd and another
Willison v Cheverell Estates Ltd and another
- 1996
- Estates Gazette [1996] EG 133-135(2) .
CA 15 June 1995. Lease of business premises at a rent which was subject to an upwards-only review. Reviewed rent was to be determined on the assumption that the premises were being let for a term equal to the length of the term of the actual lease. C served notice to determine the term in accordance with the provisions of a break clause for redevelopment purposes and served a notice to determine under the Landlord and Tenant Act 1954 s25. C obtained a declaration that it was entitled to operate the rent review clause. W appealed. "Held" the expression `term` in the rent review clause could not be construed as meaning during the continuation of the tenancy. Appeal allowed.
BREAK CLAUSES
DETERMINATION
LANDLORD AND TENANT ACT 1954 PART II
LANDLORD AND TENANT ACT 1954 S25
LEASES
NOTICE TO QUIT
RENT REVIEWS
STATUTORY CONTINUATION OF TENANCY
TERMINATION OF TENANCY
CA 15 June 1995. Lease of business premises at a rent which was subject to an upwards-only review. Reviewed rent was to be determined on the assumption that the premises were being let for a term equal to the length of the term of the actual lease. C served notice to determine the term in accordance with the provisions of a break clause for redevelopment purposes and served a notice to determine under the Landlord and Tenant Act 1954 s25. C obtained a declaration that it was entitled to operate the rent review clause. W appealed. "Held" the expression `term` in the rent review clause could not be construed as meaning during the continuation of the tenancy. Appeal allowed.
BREAK CLAUSES
DETERMINATION
LANDLORD AND TENANT ACT 1954 PART II
LANDLORD AND TENANT ACT 1954 S25
LEASES
NOTICE TO QUIT
RENT REVIEWS
STATUTORY CONTINUATION OF TENANCY
TERMINATION OF TENANCY