Darlington BC v Waring and Gillow (Holdings) Ltd
Darlington BC v Waring and Gillow (Holdings) Ltd
- 1988
- Estates Gazette (8845) 12 November 1988, 102-105(2) .
ChD 10 February 1988 An action concerned with the operation of a rent review clause. Darlington BC (D) were freehold owners of the property. The defendant tenants Waring and Gillow (WG) held a lease for 20 years from 1978, containing rent review provisions which gave rise to the action. The lease provided for reviews at 5-yearly intervals and if the rent was not agreed six months before the next period commenced D could appoint an independent surveyor within those six months. The parties failed to agree the first review, but no application was made by D for appointment of a surveyor. However an application was later made out of time. Despite D`s contention that certain correspondence between the parties before the time-limit had the effect of a call for the surveyor`s appointment, WG refused to accept the validity of the surveyor`s decision. ChD held that the rent review procedure in the lease had not been correctly invoked and the appointment of the independent surveyor was not valid.
BUSINESS TENANCIES
TIME OF THE ESSENCE
ChD 10 February 1988 An action concerned with the operation of a rent review clause. Darlington BC (D) were freehold owners of the property. The defendant tenants Waring and Gillow (WG) held a lease for 20 years from 1978, containing rent review provisions which gave rise to the action. The lease provided for reviews at 5-yearly intervals and if the rent was not agreed six months before the next period commenced D could appoint an independent surveyor within those six months. The parties failed to agree the first review, but no application was made by D for appointment of a surveyor. However an application was later made out of time. Despite D`s contention that certain correspondence between the parties before the time-limit had the effect of a call for the surveyor`s appointment, WG refused to accept the validity of the surveyor`s decision. ChD held that the rent review procedure in the lease had not been correctly invoked and the appointment of the independent surveyor was not valid.
BUSINESS TENANCIES
TIME OF THE ESSENCE