Lex Services Plc v Oriel House BV : Oriel House BV v Lex Services Plc
Lex Services Plc v Oriel House BV : Oriel House BV v Lex Services Plc
- 1991
- Estates Gazette (1991) 39 EG 139-142(4) .
ChD 9 November 1990. Two applications arose out of an arbitrators` award which determined the rent payable during a five year period. The lessor was OH and the lessee L. Two issues arose at arbitration, the use of certain comparables and the effect of defects to the property. The nearest comparable was complicated by a three month rent free period and OH claimed that the arbitrator had made no allowance for this. It was held that the arbitrator had considered this by adjusting the rent on the comparable. L`s grounds for appeal were that there were certain inherent defects in the windows and curtain walling and the rent should therefore be reduced. This was also dismissed on the grounds that at the review date they were about to be remedied and repairs were made in the following six months.
ARBITRATORS' AWARDS
COMPARABLES
INHERENT DEFECTS
PROCEDURAL ERROR
RENT REVIEWS
ChD 9 November 1990. Two applications arose out of an arbitrators` award which determined the rent payable during a five year period. The lessor was OH and the lessee L. Two issues arose at arbitration, the use of certain comparables and the effect of defects to the property. The nearest comparable was complicated by a three month rent free period and OH claimed that the arbitrator had made no allowance for this. It was held that the arbitrator had considered this by adjusting the rent on the comparable. L`s grounds for appeal were that there were certain inherent defects in the windows and curtain walling and the rent should therefore be reduced. This was also dismissed on the grounds that at the review date they were about to be remedied and repairs were made in the following six months.
ARBITRATORS' AWARDS
COMPARABLES
INHERENT DEFECTS
PROCEDURAL ERROR
RENT REVIEWS