Historic Houses Hotels Ltd v Cadogan Estates
Historic Houses Hotels Ltd v Cadogan Estates
- 1993
- Estates Gazette (1993) 30 EG 94-96(3) .
ChD 15 February 1993. The plaintiffs held a 60 year lease on a hotel which allowed for five yearly rent reviews, the rent to be that at which the premises might be expected to be let in the open market regardless of any alterations or improvements made by the lessee at their sole expense with the landlords consent. Seven licenses were granted by the landlords for improvements and each provided that upon completion of the works the provisions of the lease should apply to the premises in their altered state. The landlords contended that accordingly the direction in the rent review clause to disregard improvements did not apply. The declaration was granted on the grounds that the purpose of the clause in the licenses was to ensure that all covenants and provisions in the lease were to operate in relation to the altered premises. The rent review disregard provision applied to the improvements carried out since the commencement of the term.
DISREGARDS
IMPROVEMENTS
RENT REVIEWS
ChD 15 February 1993. The plaintiffs held a 60 year lease on a hotel which allowed for five yearly rent reviews, the rent to be that at which the premises might be expected to be let in the open market regardless of any alterations or improvements made by the lessee at their sole expense with the landlords consent. Seven licenses were granted by the landlords for improvements and each provided that upon completion of the works the provisions of the lease should apply to the premises in their altered state. The landlords contended that accordingly the direction in the rent review clause to disregard improvements did not apply. The declaration was granted on the grounds that the purpose of the clause in the licenses was to ensure that all covenants and provisions in the lease were to operate in relation to the altered premises. The rent review disregard provision applied to the improvements carried out since the commencement of the term.
DISREGARDS
IMPROVEMENTS
RENT REVIEWS