Glofield Properties Ltd v Morley and Another (No 2)
Glofield Properties Ltd v Morley and Another (No 2)
- 1989
- Estates Gazette (1989) 32 EG 49-52(3) .
CA 26 April 1989. This case rests on the construction of clause in a rent review with the tenants (M) understanding that the reviewed rent was to be on a par with the annual rental value "at the time of" its determination, interpreting "at the time of" as the time of the rent review not, as G contended, at the time the rental value was determined by an independent surveyor. The Court accepted G`s meaning but such a meaning did not necessarily express the parties intention and it was for the Court to construe the words. Appeal allowed.
CA 26 April 1989. This case rests on the construction of clause in a rent review with the tenants (M) understanding that the reviewed rent was to be on a par with the annual rental value "at the time of" its determination, interpreting "at the time of" as the time of the rent review not, as G contended, at the time the rental value was determined by an independent surveyor. The Court accepted G`s meaning but such a meaning did not necessarily express the parties intention and it was for the Court to construe the words. Appeal allowed.