Against the clock
Norris, D.
Against the clock - 2002 - Solicitors' Journal 146(19) 17 May 2002, 448-449(2) .
Discusses recent rulings with regard to rent clauses and in particular the deeming clause. Notes that two cases in 1984; Henry Smith's Charity Trustees v AWADA Trading & Promotional Services Ltd and Mecca Leisure Ltd v Renown Investments (Holdings) Ltd which drew contradictory rulings when the deeming clause was considered. This was intended to speed up the review process by making the parties follow a rigid timetable such as giving a tenant a month to chalenge a figure for a new rent. This question returned to the Court of Appeal in Starmark Enterprises Ltd v CPL Distribution Ltd. The CA decided that the lease meant what it said and if the tenant failed to challenge the landlord within the specified time the consequences were clear.
SMITHS CHARITY TRUSTEES V AWADA TRADING & PROMOTIONAL SERVICES LTD
MECCA LEISURE LTD V RENOWN INVESTMENTS (HOLDINGS) LTD
DEEMING CLAUSE
STARMARK ENTERPRISES LTD V CPL DISTRIBUTION LTD
RENT REVIEW
Against the clock - 2002 - Solicitors' Journal 146(19) 17 May 2002, 448-449(2) .
Discusses recent rulings with regard to rent clauses and in particular the deeming clause. Notes that two cases in 1984; Henry Smith's Charity Trustees v AWADA Trading & Promotional Services Ltd and Mecca Leisure Ltd v Renown Investments (Holdings) Ltd which drew contradictory rulings when the deeming clause was considered. This was intended to speed up the review process by making the parties follow a rigid timetable such as giving a tenant a month to chalenge a figure for a new rent. This question returned to the Court of Appeal in Starmark Enterprises Ltd v CPL Distribution Ltd. The CA decided that the lease meant what it said and if the tenant failed to challenge the landlord within the specified time the consequences were clear.
SMITHS CHARITY TRUSTEES V AWADA TRADING & PROMOTIONAL SERVICES LTD
MECCA LEISURE LTD V RENOWN INVESTMENTS (HOLDINGS) LTD
DEEMING CLAUSE
STARMARK ENTERPRISES LTD V CPL DISTRIBUTION LTD
RENT REVIEW