Rent review: rectification
Rent review: rectification
- 2001
- Estates Gazette Case Summaries [2001] EGCS 10 (03/02/01) .
"Scott and another v City and County of Swansea" ChD 4 January 2001. Claimants (A) were trustees of a yacht club. Under an arrangement with the defendant council (B), A would be provided with 200 moorings under the terms of a long lease. It was later agreed that A would pay for the supply and construction of additional moorings, and that rent on review would be decided without regard to the work already paid for. A meeting was held in December 1991 where A's solicitor (BWL) and a council officer (H) were present, and subsequently H prepared a note stating works would be excluded from rent review. In January 1992 BWL received a draft of the agreement from H which excluded the pontoons from the disregard, and on this basis in September 1997 B gave notice of a rent review. In March 1998 A agreed to arbitration to resolve the new rent on the advice that this was their only option, and started proceedings against BWL for negligence. In December 1998, A commenced the current proceedings claiming rectification of the lease and that the arbitration order should be set aside due to H's fraudulent misrepresentation. Held, both claims allowed.
SCOTT AND ANOTHER V CITY AND COUNTY OF SWANSEA
LEASE RECTIFICATION
RENT REVIEWS
MISREPRESENTATION
"Scott and another v City and County of Swansea" ChD 4 January 2001. Claimants (A) were trustees of a yacht club. Under an arrangement with the defendant council (B), A would be provided with 200 moorings under the terms of a long lease. It was later agreed that A would pay for the supply and construction of additional moorings, and that rent on review would be decided without regard to the work already paid for. A meeting was held in December 1991 where A's solicitor (BWL) and a council officer (H) were present, and subsequently H prepared a note stating works would be excluded from rent review. In January 1992 BWL received a draft of the agreement from H which excluded the pontoons from the disregard, and on this basis in September 1997 B gave notice of a rent review. In March 1998 A agreed to arbitration to resolve the new rent on the advice that this was their only option, and started proceedings against BWL for negligence. In December 1998, A commenced the current proceedings claiming rectification of the lease and that the arbitration order should be set aside due to H's fraudulent misrepresentation. Held, both claims allowed.
SCOTT AND ANOTHER V CITY AND COUNTY OF SWANSEA
LEASE RECTIFICATION
RENT REVIEWS
MISREPRESENTATION