Rent review and the hypothetical tenant
Rent review and the hypothetical tenant
- 1991
- EGCS 1991 21 (2/3/91) .
Orchid Lodge UK Ltd v Extel Computing Ltd CA 21 February 1991, Concerns the rent review of a business tenancy for which planning permission had been granted for a use with Class II of the Town and Country Planning (Use Classes) Order 1972 . License provided that rent review would be on basis of authorised use with the tenant acknowledging that premises were fit for use and occupation by disregarding any improvements. CA upheld CC decision that condition of premises at date of grant of the hypothetical lease must be in a state to enable hypothetical lessee to carry on business described in 1985 planning permission. Applied Law Land Co v Consumers Association .
DISREGARDS
LANDLORD AND TENANT ACT 1954 S34
USER COVENANTS
Orchid Lodge UK Ltd v Extel Computing Ltd CA 21 February 1991, Concerns the rent review of a business tenancy for which planning permission had been granted for a use with Class II of the Town and Country Planning (Use Classes) Order 1972 . License provided that rent review would be on basis of authorised use with the tenant acknowledging that premises were fit for use and occupation by disregarding any improvements. CA upheld CC decision that condition of premises at date of grant of the hypothetical lease must be in a state to enable hypothetical lessee to carry on business described in 1985 planning permission. Applied Law Land Co v Consumers Association .
DISREGARDS
LANDLORD AND TENANT ACT 1954 S34
USER COVENANTS