Kings (Estate Agents) Ltd v Anderson and another
Kings (Estate Agents) Ltd v Anderson and another
- 1992
- Estates Gazette (1992) 05 EG 166-170(3) .
ChD 24 October 1991. The plaintiff Kings (K), sought declarations as to the true construction of a rent review clause against the defendant landlords (A). The current market rental value was to be the amount agreed between A and K six months prior to commencement of the fourth rent period `or in the absence of agreement (time to be of the essence in this provision) as shall be determined by an arbitrator. The lease provided that the arbitrator was to make his determination by a date three months prior to commencement of the rent period. K claimed that A had failed to comply with the time schedule for the rent review and had no authority to apply for appointment of an arbitrator. Held that upon the true construction of the lease, there was no direction that the arbitrator had to make his determination by a date three months prior to the commencement of the fourth rent period. Declarations for A were refused.
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ChD 24 October 1991. The plaintiff Kings (K), sought declarations as to the true construction of a rent review clause against the defendant landlords (A). The current market rental value was to be the amount agreed between A and K six months prior to commencement of the fourth rent period `or in the absence of agreement (time to be of the essence in this provision) as shall be determined by an arbitrator. The lease provided that the arbitrator was to make his determination by a date three months prior to commencement of the rent period. K claimed that A had failed to comply with the time schedule for the rent review and had no authority to apply for appointment of an arbitrator. Held that upon the true construction of the lease, there was no direction that the arbitrator had to make his determination by a date three months prior to the commencement of the fourth rent period. Declarations for A were refused.
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