Royal Bank of Scotland plc v Jennings and others
Royal Bank of Scotland plc v Jennings and others
- 1995
- Estates Gazette (1995) 35 EG 140-143 (4) .
ChD 9 December 1994. The plaintiff (R) rented a warehouse from the defendant (J). R, believing the rental value to be lower than the existing level, sought to initiate a rent review. The review terms directed that if the rental value could not be agreed, the issue would be referred to an expert and if this was not agreed then the expert was to appointed by the President of the RICS. J failed to agree on an expert or to apply to the President to appoint one. R sought a declaration that J was bound to apply to the President. It was held that the rent at review was not upwards only and that J was required to apply to the President. Judgment for the plaintiff.
EXPERT APPOINTMENT
PRESIDENT
RENT REVIEW PROVISIONS
RICS
ROYAL BANK OF SCOTLAND V JENNINGS & OTHERS
UPWARDS-ONLY
ChD 9 December 1994. The plaintiff (R) rented a warehouse from the defendant (J). R, believing the rental value to be lower than the existing level, sought to initiate a rent review. The review terms directed that if the rental value could not be agreed, the issue would be referred to an expert and if this was not agreed then the expert was to appointed by the President of the RICS. J failed to agree on an expert or to apply to the President to appoint one. R sought a declaration that J was bound to apply to the President. It was held that the rent at review was not upwards only and that J was required to apply to the President. Judgment for the plaintiff.
EXPERT APPOINTMENT
PRESIDENT
RENT REVIEW PROVISIONS
RICS
ROYAL BANK OF SCOTLAND V JENNINGS & OTHERS
UPWARDS-ONLY