Panther Shop Investments Ltd v Keith Pople Ltd
Panther Shop Investments Ltd v Keith Pople Ltd
- 1987
- Estates Gazette 282(6332) 2 May 1987, 594-597(2) .
ChD 21 January 1987. Concerned the construction of a rent review clause in a lease. In 1979, a lease granted to the tenants for 20 years, provided for five yearly reviews. A previous lease had existed between the parties, and during this period the tenants erected a back extension and storage building. These were in existence when the 1979 lease was granted, and had become landlords` fixtures. The issue was whether the effect on rent of these structures, erected as improvements before the present lease began, was to be disregarded. It was held, on consideration of the CA decision in Brett v Brett Essex Golf Club Ltd that "improvements" for the purpose of the rent review clause, meant improvements to the demised premises; the structures in this case were not improvements to the premises, but part of them. Declaration that the effect of the improvements did not fall to be disregarded for the purpose of the review clause.
DISREGARDS
FIXTURES AND FITTINGS
TENANTS IMPROVEMENTS
ChD 21 January 1987. Concerned the construction of a rent review clause in a lease. In 1979, a lease granted to the tenants for 20 years, provided for five yearly reviews. A previous lease had existed between the parties, and during this period the tenants erected a back extension and storage building. These were in existence when the 1979 lease was granted, and had become landlords` fixtures. The issue was whether the effect on rent of these structures, erected as improvements before the present lease began, was to be disregarded. It was held, on consideration of the CA decision in Brett v Brett Essex Golf Club Ltd that "improvements" for the purpose of the rent review clause, meant improvements to the demised premises; the structures in this case were not improvements to the premises, but part of them. Declaration that the effect of the improvements did not fall to be disregarded for the purpose of the review clause.
DISREGARDS
FIXTURES AND FITTINGS
TENANTS IMPROVEMENTS