First Property Growth Partnership LP v Royal and Sun Alliance Property Services Ltd
First Property Growth Partnership LP v Royal and Sun Alliance Property Services Ltd
- 2003
- Estates Gazette [2003] 04 EG 156-159(4) .
[2002] EWCA Civ 1687, 27 November 2002. Appeal by respondent landlord (F) over construction of rent review provisions in cl4 of the lease. CA upheld HC's interpretation of the lease declaring that a notice given under cl4(b) may be given at any time during but not more than 12 months before the expiration of each or any of the following year of the term. That is to say every fifth year thereof but not at any other time. Time is of the essence for the service of the notice. Appeal dismissed. View judgment at www.courtservice.gov.uk
FIRST PROPERTY GROWTH PARTNERSHIP LP V ROYAL AND SUN ALLIANCE PROPERTY SERVICES LTD
RENT REVIEWS
TRIGGER NOTICE
TIME OF THE ESSENCE
NOTICES
[2002] EWCA Civ 1687, 27 November 2002. Appeal by respondent landlord (F) over construction of rent review provisions in cl4 of the lease. CA upheld HC's interpretation of the lease declaring that a notice given under cl4(b) may be given at any time during but not more than 12 months before the expiration of each or any of the following year of the term. That is to say every fifth year thereof but not at any other time. Time is of the essence for the service of the notice. Appeal dismissed. View judgment at www.courtservice.gov.uk
FIRST PROPERTY GROWTH PARTNERSHIP LP V ROYAL AND SUN ALLIANCE PROPERTY SERVICES LTD
RENT REVIEWS
TRIGGER NOTICE
TIME OF THE ESSENCE
NOTICES