Basingstoke and Deane BC v The Host Group Ltd
Basingstoke and Deane BC v The Host Group Ltd
- 1987
- Estates Gazette 284(6365) 19 December 1987, 1587-1593(4) .
CA 3 November 1987. A long lease dated 22 November 1982 was made between the plaintiffs and the original tenants, Chef and Brewer Ltd, later assigned to the defendants. The rent was payable quarterly in advance subject to review at five year intervals, to be agreed in writing by a pre-set date and failing agreement to be the reasonable current ground rental value. When the first rent review came up the parties failed to reach agreement on the rent and on the basis on which the valuer should proceed in making his assessment. Two questions arose. Firstly whether the ground rent value should be assessed on the basis that the premises were available for letting on terms and conditions of a hypothetical lease which the valuer regarded as reasonable for the site, as the landlord claimed or on the same terms and conditions as the original lease, as the tenant claimed. The judge found in favour of the landlord and the second question therefore arose as to whether valuation should be on the b
CA 3 November 1987. A long lease dated 22 November 1982 was made between the plaintiffs and the original tenants, Chef and Brewer Ltd, later assigned to the defendants. The rent was payable quarterly in advance subject to review at five year intervals, to be agreed in writing by a pre-set date and failing agreement to be the reasonable current ground rental value. When the first rent review came up the parties failed to reach agreement on the rent and on the basis on which the valuer should proceed in making his assessment. Two questions arose. Firstly whether the ground rent value should be assessed on the basis that the premises were available for letting on terms and conditions of a hypothetical lease which the valuer regarded as reasonable for the site, as the landlord claimed or on the same terms and conditions as the original lease, as the tenant claimed. The judge found in favour of the landlord and the second question therefore arose as to whether valuation should be on the b