Henniker-Major and others v Daniel Smith (a firm) and others
Henniker-Major and others v Daniel Smith (a firm) and others
- 1991
- Estates Gazette (1991) 12 EG 58-63(4) .
CA 1 November 1991. Appeal by defendant surveyor Daniel Smith (a firm) (d) against a HC decision over construction of a rent review clause in a shop lease. Trigger notice not served within time limit . Date from which increase of rent, specified in belated notice, became payable was the main issue. Plaintiff landlords considered they had lost a year`s increase and claimed damages against D for alleged negligence in serving the notice late. D claimed that on true construction of the lease, there had been no loss of a year`s increase. Appeal by D on the preliminary issue. CA declared that any increase of rent payable in accordance with a rent notice served between 25 March 1980 and 25 March 1981 was payable from the earlier date.
SURVEYORS
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC
CA 1 November 1991. Appeal by defendant surveyor Daniel Smith (a firm) (d) against a HC decision over construction of a rent review clause in a shop lease. Trigger notice not served within time limit . Date from which increase of rent, specified in belated notice, became payable was the main issue. Plaintiff landlords considered they had lost a year`s increase and claimed damages against D for alleged negligence in serving the notice late. D claimed that on true construction of the lease, there had been no loss of a year`s increase. Appeal by D on the preliminary issue. CA declared that any increase of rent payable in accordance with a rent notice served between 25 March 1980 and 25 March 1981 was payable from the earlier date.
SURVEYORS
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC