In the nick of time
Whiteside, H
In the nick of time - 2002 - Property Week 67(18) 10 May 2002, 40(1) .
Warns landlords not to ignore requests from tenants that time be of the essence, after the case "Barclays Bank plc v Savile Estates" decided that a tenant could serve a notice making speed important when the lease contains no timetable. Saviles had not carried out the 1996 rent review by 2000 so Barclays assumed that there would be no rent rise. After providing details of the comparables to Saviles, Barclays requested that a surveyor, appointed by RICS, should carry out a rent review, within 28 days with time of the essence. The original court found in favour of Saviles but on appeal the verdict was reversed, following earlier cases, "United Scientific Holdings v Burnley BC" and "Factory Holdings Group Ltd v Leboff Ltd, where it was decided that time could be made of the essence by serving a notice. From these cases, it can be seen that courts will construe the clause to provide an obligation must be provided in a reasonable time, especially once any deadline set in a notice is passed.
TIME OF THE ESSENCE
NOTICES
BARCLAYS BANK PLC V SAVILE ESTATES LTD
UNITED SCIENTIFIC HOLDINGS V BURNLEY BC
FACTORY HOLDINGS GROUP LTD V LEBOFF LTD
In the nick of time - 2002 - Property Week 67(18) 10 May 2002, 40(1) .
Warns landlords not to ignore requests from tenants that time be of the essence, after the case "Barclays Bank plc v Savile Estates" decided that a tenant could serve a notice making speed important when the lease contains no timetable. Saviles had not carried out the 1996 rent review by 2000 so Barclays assumed that there would be no rent rise. After providing details of the comparables to Saviles, Barclays requested that a surveyor, appointed by RICS, should carry out a rent review, within 28 days with time of the essence. The original court found in favour of Saviles but on appeal the verdict was reversed, following earlier cases, "United Scientific Holdings v Burnley BC" and "Factory Holdings Group Ltd v Leboff Ltd, where it was decided that time could be made of the essence by serving a notice. From these cases, it can be seen that courts will construe the clause to provide an obligation must be provided in a reasonable time, especially once any deadline set in a notice is passed.
TIME OF THE ESSENCE
NOTICES
BARCLAYS BANK PLC V SAVILE ESTATES LTD
UNITED SCIENTIFIC HOLDINGS V BURNLEY BC
FACTORY HOLDINGS GROUP LTD V LEBOFF LTD