First Property Growth Partnership LP v Royal & Sun Alliance Property Services Ltd
First Property Growth Partnership LP v Royal & Sun Alliance Property Services Ltd
- 2002
- Estates Gazette Law Reports [2002] 22 EG 140, 140-142(3) .
ChD 8 March 2002. The claimant landlord (F) owned the reversion to a lease of commercial premises held by the defendant tenant (R). The lease provided for rent reviews. Clause 4 of the lease provided that the landlord might serve a notice to the tenant not more than twelve months before the relevant review date or within three months of the trigger notice. The rent had last been reviewed with effect from 7 May 1990. F served a notice in April 2001 to have the rent reviewed. R contended that the notice was invalid because it did not satisfy the requirements of Clause 4. F argued that clause 4 imposed no time limit upon the giving of a review date. "Held" the lease supported five-yearly reviews. Time was of the essence of the clause.
FIRST PROPERTY GROWTH PARTNERSHIP LP V ROYAL AND SUN ALLIANCE PROPERTY SERVICES LTD
RENT REVIEWS
TRIGGER NOTICES
TIME OF THE ESSENCE
CIVIL PROCEDURE RULES
RENT REVIEW CLAUSES
ChD 8 March 2002. The claimant landlord (F) owned the reversion to a lease of commercial premises held by the defendant tenant (R). The lease provided for rent reviews. Clause 4 of the lease provided that the landlord might serve a notice to the tenant not more than twelve months before the relevant review date or within three months of the trigger notice. The rent had last been reviewed with effect from 7 May 1990. F served a notice in April 2001 to have the rent reviewed. R contended that the notice was invalid because it did not satisfy the requirements of Clause 4. F argued that clause 4 imposed no time limit upon the giving of a review date. "Held" the lease supported five-yearly reviews. Time was of the essence of the clause.
FIRST PROPERTY GROWTH PARTNERSHIP LP V ROYAL AND SUN ALLIANCE PROPERTY SERVICES LTD
RENT REVIEWS
TRIGGER NOTICES
TIME OF THE ESSENCE
CIVIL PROCEDURE RULES
RENT REVIEW CLAUSES