Corson and others v Rhuddlan BC
Corson and others v Rhuddlan BC
- 1990
- Property and Compensation Reports (1990) 59 PCR 185-199(15) .
CA 14 July 1989. Appeal by the council (R) from a High Court decision. The question was whether an option to renew a 21-year lease of land on which a golf course had been constructed, was a valid option effectively exercised by the golf club , as the High Court held it to be, or as R contended, was void for uncertainty. R claimed that the option was void because it did not provide for the rent to be paid, but provided only for the rent to be agreed. It made no provision for failure to agree. The plaintiffs (C) stated that they were willing to pay a rent of £1,150 and sought a declaration that the option had been validly exercised. High Court ordered that the option had been validly exercised. On appeal by R, CA held that the fact that an option in a lease which required the rent to be agreed by the parties was not fatal to the existence of an enforceable contract, if it was clear from the document as a whole that it was the clear contractual intention of the parties to be bound by th
CASE LAW
LEASE RENEWAL
CA 14 July 1989. Appeal by the council (R) from a High Court decision. The question was whether an option to renew a 21-year lease of land on which a golf course had been constructed, was a valid option effectively exercised by the golf club , as the High Court held it to be, or as R contended, was void for uncertainty. R claimed that the option was void because it did not provide for the rent to be paid, but provided only for the rent to be agreed. It made no provision for failure to agree. The plaintiffs (C) stated that they were willing to pay a rent of £1,150 and sought a declaration that the option had been validly exercised. High Court ordered that the option had been validly exercised. On appeal by R, CA held that the fact that an option in a lease which required the rent to be agreed by the parties was not fatal to the existence of an enforceable contract, if it was clear from the document as a whole that it was the clear contractual intention of the parties to be bound by th
CASE LAW
LEASE RENEWAL