ChD 10 February 1988 An action concerned with the operation of a rent review clause. Darlington BC (D) were freehold owners of the property. The defendant tenants Waring and Gillow (WG) held a lease for 20 years from 1978, containing rent review provisions which gave rise to the action. The lease provided for reviews at 5-yearly intervals and if the rent was not agreed six months before the next period commenced D could appoint an independent surveyor within those six months. The parties failed to agree the first review, but no application was made by D for appointment of a surveyor. However an application was later made out of time. Despite D`s contention that certain correspondence between the parties before the time-limit had the effect of a call for the surveyor`s appointment, WG refused to accept the validity of the surveyor`s decision. ChD held that the rent review procedure in the lease had not been correctly invoked and the appointment of the independent surveyor was not valid.