Commission for the New Towns v R Levy & Co Ltd
Commission for the New Towns v R Levy & Co Ltd
- 1990
- Estates Gazette (1990) 28 EG 1190124(4) .
ChD 8 November 1989. Concerned rent review provisions in shop lease . 20 year lease with agreement that the landlord (C) would issue trigger notices between 12 and 6 months before rent review at five year periods which "shall specify" the proposed rent. In 1987, the 10th year of the lease the notice served within time limit did not specify the proposed tent. Tenants (L) challenged validity of the notice. C contended that the specification of the proposed rent was directory rather than mandatory with reference to Dean and Chapter of Chichester Cathedral v Lennards Ltd . Held that the proposed rent element was mandatory. Notice declared null and void.
ChD 8 November 1989. Concerned rent review provisions in shop lease . 20 year lease with agreement that the landlord (C) would issue trigger notices between 12 and 6 months before rent review at five year periods which "shall specify" the proposed rent. In 1987, the 10th year of the lease the notice served within time limit did not specify the proposed tent. Tenants (L) challenged validity of the notice. C contended that the specification of the proposed rent was directory rather than mandatory with reference to Dean and Chapter of Chichester Cathedral v Lennards Ltd . Held that the proposed rent element was mandatory. Notice declared null and void.