Rent review clauses
Rent review clauses
- 2001
- Estates Gazette (0127) 7 July 2001, 130(1) .
Considers the issue of whether time is of the essence in respect of various provisions within a rent review clause. In the 1977 landmark ruling - "United Scientific Holdings Ltd v Burnley BC" , HL decided that, normally, time is not of the essence. Discusses two recent cases - "McDonald's Property Co Ltd v HSBC Bank" and "Cheapside Land Development Co v Messels Service Co" - which challenged aspects of the "United Scientific" ruling. Concludes that the existence of a detailed timetable is not sufficient to render time of the essence. The 1977 HL ruling must still be regarded as authoritative.
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC
MCDONALD'S PROPERTY CO LTD V HSBC BANK
CHEAPSIDE LAND DEVELOPMENT CO V MESSELS SERVICE CO
TIME OF THE ESSENCE
RENT REVIEW CLAUSES
Considers the issue of whether time is of the essence in respect of various provisions within a rent review clause. In the 1977 landmark ruling - "United Scientific Holdings Ltd v Burnley BC" , HL decided that, normally, time is not of the essence. Discusses two recent cases - "McDonald's Property Co Ltd v HSBC Bank" and "Cheapside Land Development Co v Messels Service Co" - which challenged aspects of the "United Scientific" ruling. Concludes that the existence of a detailed timetable is not sufficient to render time of the essence. The 1977 HL ruling must still be regarded as authoritative.
UNITED SCIENTIFIC HOLDINGS LTD V BURNLEY BC
MCDONALD'S PROPERTY CO LTD V HSBC BANK
CHEAPSIDE LAND DEVELOPMENT CO V MESSELS SERVICE CO
TIME OF THE ESSENCE
RENT REVIEW CLAUSES