Patel and another v Earlspring Properties Ltd
Patel and another v Earlspring Properties Ltd
- 1991
- Estates Gazette 1991 46 EG 153-155(3) .
CA 11 March 1991. Appeal on the interpretation and application of a rent review clause in a shop lease. Raises the question of whether a letter from tenants (P) in response to landlords` (E) trigger notice constituted a valid counternotice and whether a failure by P to state a counter-proposal in regard to the rent was a fatal defect. E on appeal complained that the court had been wrong in holding that P`s counternotice was valid as it failed to specify a proposed rent citing the "Commission for the New Towns v R Levy & Co Ltd". CA held that the cited case had no application to the present case, P`s notice was valid. However, the CA dismissed the lower court`s view that by failing to negotiate, E had lost the right to have the rent reviewed. Appeal allowed in part.
CONSTRUCTION OF CLAUSE
COUNTER NOTICE
RENT REVIEWS
TRIGGER NOTICES
CA 11 March 1991. Appeal on the interpretation and application of a rent review clause in a shop lease. Raises the question of whether a letter from tenants (P) in response to landlords` (E) trigger notice constituted a valid counternotice and whether a failure by P to state a counter-proposal in regard to the rent was a fatal defect. E on appeal complained that the court had been wrong in holding that P`s counternotice was valid as it failed to specify a proposed rent citing the "Commission for the New Towns v R Levy & Co Ltd". CA held that the cited case had no application to the present case, P`s notice was valid. However, the CA dismissed the lower court`s view that by failing to negotiate, E had lost the right to have the rent reviewed. Appeal allowed in part.
CONSTRUCTION OF CLAUSE
COUNTER NOTICE
RENT REVIEWS
TRIGGER NOTICES