Kensington Pension Developments Ltd v Royal Garden Hotel (Oddenino`s) Ltd
Kensington Pension Developments Ltd v Royal Garden Hotel (Oddenino`s) Ltd
- 1990
- Estates Gazette (1990) 27 EG 79 .
ChD 25 January 1990. An underlease was granted by K in 1964 to R for construction of a new hotel for 150 years with regular rent reviews . Questions arose because part of the new building was outside the area of the land demised. Should the valuer for purposes of rent review schedule, value the hotel as it stood or only the demised premises which did not include the whole of the hotel. The doctrine of accretion or encroachment should be applied and the whole of the hotel should be valued. A yearly rack rental value should also be charged on the whole building as a hypothetical tenant would have acquired the whole of the building including the portion not included in the demised part of the hotel.
EASTWOOD V ASHTON
MORTON V WOODS
PLAN
SMIRK V LYNDALE DEVELOPMENTS LTD
SUBLEASE
WHITMORE V HAMPLINES
ChD 25 January 1990. An underlease was granted by K in 1964 to R for construction of a new hotel for 150 years with regular rent reviews . Questions arose because part of the new building was outside the area of the land demised. Should the valuer for purposes of rent review schedule, value the hotel as it stood or only the demised premises which did not include the whole of the hotel. The doctrine of accretion or encroachment should be applied and the whole of the hotel should be valued. A yearly rack rental value should also be charged on the whole building as a hypothetical tenant would have acquired the whole of the building including the portion not included in the demised part of the hotel.
EASTWOOD V ASHTON
MORTON V WOODS
PLAN
SMIRK V LYNDALE DEVELOPMENTS LTD
SUBLEASE
WHITMORE V HAMPLINES