Factory Holdings Group Ltd v Leboff International Ltd
Factory Holdings Group Ltd v Leboff International Ltd
- 1987
- Estates Gazette 282(6335) 23 May 1987, 1005-1010(4) .
ChD 16 December 1986. The plaintiff landlords sought by originating summons, declarations that the appointment of an arbitrator was valid in relation to a dispute with the defendant tenants, as to the terms of a rent review clause in a lease of industrial premises, and that the defendants were liable to pay the plaintiffs the rent which might be awarded by the arbitrator. Briefly, the landlord served a trigger notice . After some correspondence between the parties, the tenants wrote they could not agree with the rent proposed by the landlords, and gave formal notice to the landlords to refer the matter for determination by arbitration . The landlords failed to do this within the time limit, and the tenants claimed that as their letter had made time of the essence , it was too late to proceed with a rent review, and the appointment of an arbitrator was invalid. The landlords sought a declaration that the appointment was valid, and that the tenants would have to pay the rent determined
ChD 16 December 1986. The plaintiff landlords sought by originating summons, declarations that the appointment of an arbitrator was valid in relation to a dispute with the defendant tenants, as to the terms of a rent review clause in a lease of industrial premises, and that the defendants were liable to pay the plaintiffs the rent which might be awarded by the arbitrator. Briefly, the landlord served a trigger notice . After some correspondence between the parties, the tenants wrote they could not agree with the rent proposed by the landlords, and gave formal notice to the landlords to refer the matter for determination by arbitration . The landlords failed to do this within the time limit, and the tenants claimed that as their letter had made time of the essence , it was too late to proceed with a rent review, and the appointment of an arbitrator was invalid. The landlords sought a declaration that the appointment was valid, and that the tenants would have to pay the rent determined