Trusthouse Forte Albany Hotels Ltd v Daejan Investments Ltd (No 2)
Trusthouse Forte Albany Hotels Ltd v Daejan Investments Ltd (No 2)
- 1989
- Estates Gazette (1989) 30 EG 87-92(4) .
CA 17 March 1989. Appeal by landlords (D) from a ChD decision on an originating summons for the construction of rent review provisions in an underlease. There had been proceedings in 1980 about the first rent review; the current proceedings arose in connection with the second rent review and a summons was issued by the tenants. The parties had agreed to the formulation of six questions, superseding those in the summons. ChD made declarations in answer, and D appealed against two of the declarations. These were: 1) in assessing the rental value of the areas edged red on Plans C and D it should be assumed that each area is separately let so that the rental value is the aggregate of the values of individual areas; 2) that the words "on the basis that those areas are ... available for letting for shopping and retail purposes" mean that they are only to be taken to be available for those purposes only. CA disagreed with the first declaration, stating that in the natural construction of th
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CA 17 March 1989. Appeal by landlords (D) from a ChD decision on an originating summons for the construction of rent review provisions in an underlease. There had been proceedings in 1980 about the first rent review; the current proceedings arose in connection with the second rent review and a summons was issued by the tenants. The parties had agreed to the formulation of six questions, superseding those in the summons. ChD made declarations in answer, and D appealed against two of the declarations. These were: 1) in assessing the rental value of the areas edged red on Plans C and D it should be assumed that each area is separately let so that the rental value is the aggregate of the values of individual areas; 2) that the words "on the basis that those areas are ... available for letting for shopping and retail purposes" mean that they are only to be taken to be available for those purposes only. CA disagreed with the first declaration, stating that in the natural construction of th
BUSINESS TENANCIES