Coors Holdings Ltd v Dow Properties Ltd [electronic resource]
Coors Holdings Ltd v Dow Properties Ltd [electronic resource]
- 2007
[2007] EWCA Civ 255, 2 March 2007. Considered the wording of a phrase in a rent review clause relating to how the open market rental value should be determined. An agreement existed between landlord (D's) predecessor and tenant (C) that a lease would be granted on an area of land once C finished building a public house on part of the land. The building was finished, the lease was granted, and the rent review clause stated a rent review would occur every 10 years to bring the rental value of 'the site comprised in the demised premises' in line with an open market valuation. The issue was whether the phrase 'the site comprised in the demised premises' meant that the rental value should be assessed by reference only to the land or to the land and the building erected on it. "Held": D's appeal dismissed. The phrase in the clause meant the open market rental value to be determined on a rent review was to be the rental value of the demised premises disregarding the effect on the rent of there being a building on it.
COORS HOLDINGS LTD V DOW PROPERTIES LTD
England and Wales--1543-
[2007] EWCA Civ 255, 2 March 2007. Considered the wording of a phrase in a rent review clause relating to how the open market rental value should be determined. An agreement existed between landlord (D's) predecessor and tenant (C) that a lease would be granted on an area of land once C finished building a public house on part of the land. The building was finished, the lease was granted, and the rent review clause stated a rent review would occur every 10 years to bring the rental value of 'the site comprised in the demised premises' in line with an open market valuation. The issue was whether the phrase 'the site comprised in the demised premises' meant that the rental value should be assessed by reference only to the land or to the land and the building erected on it. "Held": D's appeal dismissed. The phrase in the clause meant the open market rental value to be determined on a rent review was to be the rental value of the demised premises disregarding the effect on the rent of there being a building on it.
COORS HOLDINGS LTD V DOW PROPERTIES LTD
England and Wales--1543-