Iceland Frozen Foods plc v Starlight Investments Ltd
Iceland Frozen Foods plc v Starlight Investments Ltd
- 1992
- Estates Gazette (1992) 07 EG 117-118(2) .
CA 16 December 1991. Concerned the construction of the rent review clause in a lease. An appeal by the defendant landlord, S, from an order on the hearing of an originating summons seeking a declaration as to the meaning of rent review provisions. The premises were divided into two units; one occupied by the tenant, the other a subtenant. The lease provided for five-yearly rent reviews to an open market rent, being the best yearly rack-rent at which the premises might reasonably be expected to be let as a whole or in parts and assuming, if not in fact, that the premises remain in existence and be ready for immediate occupation and use. S had two principal contentions as to the correct construction of the clause. 1) the ground floor may be regarded as divided or capable of division into seven units and that the tenants may be prepared to pay higher rent as they might get consent for the subdivision, paying a continuous rent but on the basis the tenant would be carrying out the convers
CONSTRUCTION OF CLAUSE
NORWICH UNION LIFE ASSURANCE SOCIETY V TRUSTEE SAVINGS BANK CENTRAL BO
ORCHID LODGE (UK) LTD V EXTEL COMPUTING LTD
RENT REVIEWS
TRUSTHOUSE FORTE ALBANY HOTELS LTD V DAEJAN INVESTMENTS LTD
CA 16 December 1991. Concerned the construction of the rent review clause in a lease. An appeal by the defendant landlord, S, from an order on the hearing of an originating summons seeking a declaration as to the meaning of rent review provisions. The premises were divided into two units; one occupied by the tenant, the other a subtenant. The lease provided for five-yearly rent reviews to an open market rent, being the best yearly rack-rent at which the premises might reasonably be expected to be let as a whole or in parts and assuming, if not in fact, that the premises remain in existence and be ready for immediate occupation and use. S had two principal contentions as to the correct construction of the clause. 1) the ground floor may be regarded as divided or capable of division into seven units and that the tenants may be prepared to pay higher rent as they might get consent for the subdivision, paying a continuous rent but on the basis the tenant would be carrying out the convers
CONSTRUCTION OF CLAUSE
NORWICH UNION LIFE ASSURANCE SOCIETY V TRUSTEE SAVINGS BANK CENTRAL BO
ORCHID LODGE (UK) LTD V EXTEL COMPUTING LTD
RENT REVIEWS
TRUSTHOUSE FORTE ALBANY HOTELS LTD V DAEJAN INVESTMENTS LTD