Burford UK Properties Ltd and Others v Forte Hotels (UK) Ltd (Formerly Trust House Forte) and Others
Burford UK Properties Ltd and Others v Forte Hotels (UK) Ltd (Formerly Trust House Forte) and Others
- 2003
[2003] EWCA Civ 1800, 17 December 2003. The claimant landlord (B) appealed against a decision on the interpretation of the rent review provisions in a 99-year lease of a hotel in York. The lease provided for a rent review every 14 years, with the reviewed rent to be fixed by reference to Net Bedroom Revenue (NBR). NBR was to be accounted subject to the proviso that the tenant should use its best endeavours to obtain the maximum revenue from the use of bedrooms as sleeping accommodation. The judge held that this did not constitute a covenant by the tenant, holding that NBR was to be calculated on the hypothesis that the tenant had used its best endeavours to obtain the maximum revenue from the use of the bedrooms. B appealed. "Held" the appeal was dismissed as the judge's conclusion had been correct. View at www.courtservice.gov.uk.
LEASES
RENT REVIEW PROVISIONS
HOTELS
BREACH OF COVENANT
BURFORD UK PROPERTIES LTD AND OTHERS V FORTE HOTELS (UK) LTD (FORMERLY TRUST HOUSE FORTE) AND OTHERS
[2003] EWCA Civ 1800, 17 December 2003. The claimant landlord (B) appealed against a decision on the interpretation of the rent review provisions in a 99-year lease of a hotel in York. The lease provided for a rent review every 14 years, with the reviewed rent to be fixed by reference to Net Bedroom Revenue (NBR). NBR was to be accounted subject to the proviso that the tenant should use its best endeavours to obtain the maximum revenue from the use of bedrooms as sleeping accommodation. The judge held that this did not constitute a covenant by the tenant, holding that NBR was to be calculated on the hypothesis that the tenant had used its best endeavours to obtain the maximum revenue from the use of the bedrooms. B appealed. "Held" the appeal was dismissed as the judge's conclusion had been correct. View at www.courtservice.gov.uk.
LEASES
RENT REVIEW PROVISIONS
HOTELS
BREACH OF COVENANT
BURFORD UK PROPERTIES LTD AND OTHERS V FORTE HOTELS (UK) LTD (FORMERLY TRUST HOUSE FORTE) AND OTHERS