The Faucet Inn Pub Co plc v Ottley Corporation
The Faucet Inn Pub Co plc v Ottley Corporation
- 2006
- Estates Gazette [2006] 14 EG 174(CS) (1) .
ChD, 27 March 2006. Considers whether the assessment of market rent at rent review should disregard prospective uses of a premises. F held a lease from O of commercial premises which provided for rent reviews to an open market rent assessed according to certain assumptions including assumption (iii) that the premises be let with vacant possession for immediate occupation and use for the uses for the time being permitted under the lease. In proceedings O contended that the expert's assessment had to take account of any prospective use of the premises for which O might reasonably be obliged to give consent in future. F argued that prospective uses should be disregarded and the premises were to be valued with their presently approved use. "Held": claim allowed. The claimant's interpretation was correct. Assumption (iii) was directed to the rent payable not to the condition of the premises.
FAUCET INN PUB CO PLC V OTTLEY CORPORATION
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
PONTSARN INVESTMENTS LTD V KANSALLIS-OSAKE-PANKKI
BASINGSTOKE AND DEANE BC V HOST GROUP LTD
ChD, 27 March 2006. Considers whether the assessment of market rent at rent review should disregard prospective uses of a premises. F held a lease from O of commercial premises which provided for rent reviews to an open market rent assessed according to certain assumptions including assumption (iii) that the premises be let with vacant possession for immediate occupation and use for the uses for the time being permitted under the lease. In proceedings O contended that the expert's assessment had to take account of any prospective use of the premises for which O might reasonably be obliged to give consent in future. F argued that prospective uses should be disregarded and the premises were to be valued with their presently approved use. "Held": claim allowed. The claimant's interpretation was correct. Assumption (iii) was directed to the rent payable not to the condition of the premises.
FAUCET INN PUB CO PLC V OTTLEY CORPORATION
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1987
PONTSARN INVESTMENTS LTD V KANSALLIS-OSAKE-PANKKI
BASINGSTOKE AND DEANE BC V HOST GROUP LTD