Mammoth Greeting Cards Ltd v Agra Ltd
Mammoth Greeting Cards Ltd v Agra Ltd
- 1990
- Estates Gazette (1990) 29 EG 45-49(3) .
ChD 6 February 1990. Concerned with rent review provisions in underlease of shop premises. Trigger notice issued by landlord (A) stating rack rental value at expiration of year of review. Tenants (M) had two months to serve a counternotice stating disagreement with the amount proposed by landlord with provisions for settlement by agreement or reference to an independent expert provided the counternotice was served within the stipulated time. M failed to serve the counternotice. A sent in bailiffs to distrain for rent arrears . It was held that time was of essence and M had failed so serve a counternotice so the rack rental value should be fixed as stated in A`s notice. M`s construction summons dismissed.
TIME OF THE ESSENCE
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC
ChD 6 February 1990. Concerned with rent review provisions in underlease of shop premises. Trigger notice issued by landlord (A) stating rack rental value at expiration of year of review. Tenants (M) had two months to serve a counternotice stating disagreement with the amount proposed by landlord with provisions for settlement by agreement or reference to an independent expert provided the counternotice was served within the stipulated time. M failed to serve the counternotice. A sent in bailiffs to distrain for rent arrears . It was held that time was of essence and M had failed so serve a counternotice so the rack rental value should be fixed as stated in A`s notice. M`s construction summons dismissed.
TIME OF THE ESSENCE
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC