In the nick of time (Record no. 70435)

MARC details
000 -LEADER
fixed length control field 01650cam a2200229 4500
001 - CONTROL NUMBER
control field ABS65539
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 020607n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u118322
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Whiteside, H
245 ## - TITLE STATEMENT
Title In the nick of time
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Property Week
Volume/sequential designation 67(18) 10 May 2002, 40(1)
520 ## - SUMMARY, ETC.
Summary, etc. Warns landlords not to ignore requests from tenants that time be of the essence, after the case "Barclays Bank plc v Savile Estates" decided that a tenant could serve a notice making speed important when the lease contains no timetable. Saviles had not carried out the 1996 rent review by 2000 so Barclays assumed that there would be no rent rise. After providing details of the comparables to Saviles, Barclays requested that a surveyor, appointed by RICS, should carry out a rent review, within 28 days with time of the essence. The original court found in favour of Saviles but on appeal the verdict was reversed, following earlier cases, "United Scientific Holdings v Burnley BC" and "Factory Holdings Group Ltd v Leboff Ltd, where it was decided that time could be made of the essence by serving a notice. From these cases, it can be seen that courts will construe the clause to provide an obligation must be provided in a reasonable time, especially once any deadline set in a notice is passed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TIME OF THE ESSENCE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element NOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BARCLAYS BANK PLC V SAVILE ESTATES LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNITED SCIENTIFIC HOLDINGS V BURNLEY BC
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FACTORY HOLDINGS GROUP LTD V LEBOFF LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 07/06/2002   ABS65539 118322-1001 06/08/2019 1 06/08/2019 Journal article