Shield Properties and Investments Ltd v Anglo Overseas Transport Co Ltd (No 2)
Shield Properties and Investments Ltd v Anglo Overseas Transport Co Ltd (No 2)
- 1986
- See Abstracts 34132, 32549
- Estates Gazette 279(6301) 13 September 1986, 1088-1092(2) .
ChD 29 April 1986. The issue concerned the landlords' claim to interest following a revised rent award by an arbitrator. Originally,the arbitrator determined a review rent of £251 000 pa, as compared to a rent of £50 000 under the lease conditions. This was challenged by the tenants and remitted to the arbitrator for further consideration. The arbitrator revised the rent to £221 000. In these proceedings the landlords claimed interest on the shortfall from the date of review. The judge, in reaching his decision, referred to "South Tottenham Land Securities Ltd v R and A Millett (Shops) Ltd" (CA, [1984] 1 WLR 710) from which it was clear that the amended increase in rent was not payable until the quarter day following the date of the revised award, and the shortfall in rent was paid on that date. The landlords' claim to interest on the shortfall from the review date and quarter day must fail because no provision was made in the lease for such interest. Landlords' claim dismissed.
SHIELD PROPERTIES AND INVESTMENTS LTD V ANGLO OVERSEAS TRANSPORT CO LTD
SOUTH TOTTENHAM LAND SECURITIES LTD V R AND A MILLETT (SHOPS) LTD
England and Wales--1543-
ChD 29 April 1986. The issue concerned the landlords' claim to interest following a revised rent award by an arbitrator. Originally,the arbitrator determined a review rent of £251 000 pa, as compared to a rent of £50 000 under the lease conditions. This was challenged by the tenants and remitted to the arbitrator for further consideration. The arbitrator revised the rent to £221 000. In these proceedings the landlords claimed interest on the shortfall from the date of review. The judge, in reaching his decision, referred to "South Tottenham Land Securities Ltd v R and A Millett (Shops) Ltd" (CA, [1984] 1 WLR 710) from which it was clear that the amended increase in rent was not payable until the quarter day following the date of the revised award, and the shortfall in rent was paid on that date. The landlords' claim to interest on the shortfall from the review date and quarter day must fail because no provision was made in the lease for such interest. Landlords' claim dismissed.
SHIELD PROPERTIES AND INVESTMENTS LTD V ANGLO OVERSEAS TRANSPORT CO LTD
SOUTH TOTTENHAM LAND SECURITIES LTD V R AND A MILLETT (SHOPS) LTD
England and Wales--1543-