Kemp v Neptune Concrete Ltd
Kemp v Neptune Concrete Ltd
- 1988
- Estates Gazette (8848) 3 December 1988, 71-79(4) .
CA 9 June 1988. An appeal against a County Court decision to dismiss a claim by the landlord (K) for rectification of a lease of commercial premises. A draft lease provided a term of six years with a rent review after three. During negotiations the lease term was extended to 12 years with no mention of a second rent review. K`s solicitor eventually realised the mistake and requested an amendment but this was refused and litigation followed. The County Court rejected the claim for rectification on the grounds that the landlord was under the impression that there was more than one rent review. The appeal was dismissed on the grounds that the existence of a mistake by the landlord when executing the deed had not been shown, although an ex post facto intention might have been formed.
CA 9 June 1988. An appeal against a County Court decision to dismiss a claim by the landlord (K) for rectification of a lease of commercial premises. A draft lease provided a term of six years with a rent review after three. During negotiations the lease term was extended to 12 years with no mention of a second rent review. K`s solicitor eventually realised the mistake and requested an amendment but this was refused and litigation followed. The County Court rejected the claim for rectification on the grounds that the landlord was under the impression that there was more than one rent review. The appeal was dismissed on the grounds that the existence of a mistake by the landlord when executing the deed had not been shown, although an ex post facto intention might have been formed.