Rent Review : appeals from arbitrator
Rent Review : appeals from arbitrator
- 2002
- Estates Gazette Case Summaries [2002] 13 EG 101 (CS) (30/03/02) .
ChD 21 March 2002. "Checkpoint Ltd v Strathclyde Pension Fund". Parties failed to agree revised rent relating to a 15-year lease on a warehouse, one-third of which was offices. First of two upwards only rent reviews fell in May 2000. Experienced surveyor was appointed arbitrator. Defendant landlords' (S) expert witness argued for a higher rent on the basis of high office-to-warehouse space ratio. Claimant tenant (C) cited a recent similar letting to argue a lower amount. S challenged this comparison. Arbitrator fixed rent at S's figure. C appealed, alleging arbitration was 'effected by a serious irregularity' and also on apoint of law of application of willing lessor/lessee principle. Appeal dismissed.
ARBITRATION ACT 1996
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
RENT REVIEWS
ChD 21 March 2002. "Checkpoint Ltd v Strathclyde Pension Fund". Parties failed to agree revised rent relating to a 15-year lease on a warehouse, one-third of which was offices. First of two upwards only rent reviews fell in May 2000. Experienced surveyor was appointed arbitrator. Defendant landlords' (S) expert witness argued for a higher rent on the basis of high office-to-warehouse space ratio. Claimant tenant (C) cited a recent similar letting to argue a lower amount. S challenged this comparison. Arbitrator fixed rent at S's figure. C appealed, alleging arbitration was 'effected by a serious irregularity' and also on apoint of law of application of willing lessor/lessee principle. Appeal dismissed.
ARBITRATION ACT 1996
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
RENT REVIEWS