Boots the Chemists Ltd v Pinkland Ltd ; Thorn EMI plc v same
Boots the Chemists Ltd v Pinkland Ltd ; Thorn EMI plc v same
- 1992
- Estates Gazette (1992) 28 EG 118-120(3) .
County Court 13 April 1992. The defendants, P, owned the Elephant and Castle Shopping Centre and the plaintiff, B and T, occupied two units. T occupied unit 303 under a 21-year lease dated 3 April 1964. B occupied 2 units one under a ground lease granted in February 1965 for 21 years amended by a deed of variation. In August 1983 various questions needed to be resolved following applications for new tenancies under Landlord and Tenant Act 1954. The questions being for B re a positive trading covenant, whether the rent review was upwards/downwards or only upwards and the hypothetical term at rent reviews; for T the length of term and for both of them the management fees. Dispute arose as to whether T wished a three or ten year extension of the lease which changed T`s attitude towards T`s disputes. B sought to resist a positive trading covenant in their lease as only one of their previous leases contained one and now the two leases had been combined. It was held that this covenant shou
DOWNWARDS REVIEW CLAUSES
HYPOTHETICAL LEASES
LANDLORD AND TENANT ACT 1954 PART II
LEASE TERMS
MANAGEMENT FEES
NEW TENANCIES
POSITIVE TRADING COVENANT
RENT REVIEWS
SHOPPING CENTRES
UPWARD ONLY RENT REVIEWS
County Court 13 April 1992. The defendants, P, owned the Elephant and Castle Shopping Centre and the plaintiff, B and T, occupied two units. T occupied unit 303 under a 21-year lease dated 3 April 1964. B occupied 2 units one under a ground lease granted in February 1965 for 21 years amended by a deed of variation. In August 1983 various questions needed to be resolved following applications for new tenancies under Landlord and Tenant Act 1954. The questions being for B re a positive trading covenant, whether the rent review was upwards/downwards or only upwards and the hypothetical term at rent reviews; for T the length of term and for both of them the management fees. Dispute arose as to whether T wished a three or ten year extension of the lease which changed T`s attitude towards T`s disputes. B sought to resist a positive trading covenant in their lease as only one of their previous leases contained one and now the two leases had been combined. It was held that this covenant shou
DOWNWARDS REVIEW CLAUSES
HYPOTHETICAL LEASES
LANDLORD AND TENANT ACT 1954 PART II
LEASE TERMS
MANAGEMENT FEES
NEW TENANCIES
POSITIVE TRADING COVENANT
RENT REVIEWS
SHOPPING CENTRES
UPWARD ONLY RENT REVIEWS