SI Pension Trustees Ltd v Ministerio De Marina De La Republica Peruana
SI Pension Trustees Ltd v Ministerio De Marina De La Republica Peruana
- 1988
- Estates Gazette (8813) 2 April 1988, 48-50(3) .
ChD 3 November 1987 An originating notice of motion raising questions as to the construction of the rent review clause in a lease. The hypothetical letting was to be a letting in the open market for a term equal to the residue of the lease with vacant possession without a premium and subject to provisions similar to those contained in the lease. The lease contained a user clause restricting use of the premises to offices for the lessee`s business of mortgage finance and insurance consultants. The licence to assign to the present defendants M restricted the user to offices occupied for the purposes of the assignee`s diplomatic mission. M argued that the user should be deemed to be restricted to use as offices for the purpose of the diplomatic mission of (blank) with the blank to be filled in when the name of the hypothetical diplomatic lessee was known. Chd rejected this submission, stating that the "provisions of the lease" in the rent review clause meant the original provisions unaf
BUSINESS TENANCIES
CONSTRUCTION OF CLAUSE
RESTRICTIVE COVENANTS
ChD 3 November 1987 An originating notice of motion raising questions as to the construction of the rent review clause in a lease. The hypothetical letting was to be a letting in the open market for a term equal to the residue of the lease with vacant possession without a premium and subject to provisions similar to those contained in the lease. The lease contained a user clause restricting use of the premises to offices for the lessee`s business of mortgage finance and insurance consultants. The licence to assign to the present defendants M restricted the user to offices occupied for the purposes of the assignee`s diplomatic mission. M argued that the user should be deemed to be restricted to use as offices for the purpose of the diplomatic mission of (blank) with the blank to be filled in when the name of the hypothetical diplomatic lessee was known. Chd rejected this submission, stating that the "provisions of the lease" in the rent review clause meant the original provisions unaf
BUSINESS TENANCIES
CONSTRUCTION OF CLAUSE
RESTRICTIVE COVENANTS