McDonald's Property Co Ltd v HSBC Bank plc
McDonald's Property Co Ltd v HSBC Bank plc
- 2001
- Estates Gazette [2001] 36 EG, 181-186(6) .
ChD 25 April 2001. Tenant (A) held a lease from landlord (B) at a rent subject to review, on the condition written notice was given within a specified period. It also provided a timetable for the determination of the rent. Notice triggering the first rent review was given late. A challenged the review contending that time was of the essenceand that, as it had been served late, the notice was not valid. A issued a Pt 8 claim, also contending there were compelling contra-indications. B issued an application to strike out A's claim. "Held": the claim and the appeal were dismissed. B's application was dismissed but A was ordered to pay the costs of the application. Time was not of the essence for the triggering of the rent review.
MCDONALD'S PROPERTY CO LTD V HSBC BANK
CHEAPSIDE LAND DEVELOPMENT CO V MESSELS SERVICE CO
TIME OF THE ESSENCE
TRIGGER NOTICE
RENT REVIEW
LEASES
ChD 25 April 2001. Tenant (A) held a lease from landlord (B) at a rent subject to review, on the condition written notice was given within a specified period. It also provided a timetable for the determination of the rent. Notice triggering the first rent review was given late. A challenged the review contending that time was of the essenceand that, as it had been served late, the notice was not valid. A issued a Pt 8 claim, also contending there were compelling contra-indications. B issued an application to strike out A's claim. "Held": the claim and the appeal were dismissed. B's application was dismissed but A was ordered to pay the costs of the application. Time was not of the essence for the triggering of the rent review.
MCDONALD'S PROPERTY CO LTD V HSBC BANK
CHEAPSIDE LAND DEVELOPMENT CO V MESSELS SERVICE CO
TIME OF THE ESSENCE
TRIGGER NOTICE
RENT REVIEW
LEASES