Fordgate Bingley Ltd v Argyll Stores Ltd
Fordgate Bingley Ltd v Argyll Stores Ltd
- 1994
- Estates Gazette (1994) 39 EG 135-139(5) .
ChD 25 February 1994. Landlord, F, could not agree an open market rent with tenant A within the timescale set by the lease. In these circumstances the rent review clause provided for appointment of a surveyor by the RICS to act as expert, upon the landlord`s application. Failure to apply within three months would invalidate any further review notices. F did not apply but later turned to the court under the Arbitration Act 1950 s27 for a discretionary appointment out of time. A challenged the applicability of s27, arguing that it referred to the appointment of an arbitrator rather than an expert. "Held" in favour of the tenant.
APPOINTMENT OF ARBITRATOR
ARBITRATION ACT 1950 S27
ARBITRATORS
EXPERTS
EXTENSION OF TIME
FORDGATE BINGLEY LTD V ARGYLL STORES LTD
OUT OF TIME
RENT REVIEWS
TIME LIMIT
TIME LIMITS
ChD 25 February 1994. Landlord, F, could not agree an open market rent with tenant A within the timescale set by the lease. In these circumstances the rent review clause provided for appointment of a surveyor by the RICS to act as expert, upon the landlord`s application. Failure to apply within three months would invalidate any further review notices. F did not apply but later turned to the court under the Arbitration Act 1950 s27 for a discretionary appointment out of time. A challenged the applicability of s27, arguing that it referred to the appointment of an arbitrator rather than an expert. "Held" in favour of the tenant.
APPOINTMENT OF ARBITRATOR
ARBITRATION ACT 1950 S27
ARBITRATORS
EXPERTS
EXTENSION OF TIME
FORDGATE BINGLEY LTD V ARGYLL STORES LTD
OUT OF TIME
RENT REVIEWS
TIME LIMIT
TIME LIMITS