Trusthouse Forte Albany Hotels Ltd v Daejan Investments Ltd (No2)
Language: English Series: Estates Gazette ; (1989) 03 EG 78-85(4)Publication details: 1989Subject(s): Summary: ChD 9 May 1988. An originating summons taken out by underlesses, seeking a declaration as to the true construction of rent review provisions in a lease providing for rent reviews at seven-year intervals. The reviewed rent was to be the aggregate of certain sums, one of which was "the excess of the rental value on the relevant date above £250,000 of those areas being part of the ground floor and the basement of the demised premises ... (on the basis that those areas are actually let for or are available for letting for shopping and retail purposes)". It was in relation to these provisions that the issues on construction arose. The rent review provisions had been the subject of an earlier court case, (See Abstract 27593) which concerned the basis on which the areas were to be valued on the first rent review. In the present case, the judge referred to the earlier decision as helpful with regard to the correct approach, and decided; (1) the rental value was the aggregate of the rental va| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40366 (Browse shelf(Opens below)) | 1 | Available | 23332-1001 |
ChD 9 May 1988. An originating summons taken out by underlesses, seeking a declaration as to the true construction of rent review provisions in a lease providing for rent reviews at seven-year intervals. The reviewed rent was to be the aggregate of certain sums, one of which was "the excess of the rental value on the relevant date above £250,000 of those areas being part of the ground floor and the basement of the demised premises ... (on the basis that those areas are actually let for or are available for letting for shopping and retail purposes)". It was in relation to these provisions that the issues on construction arose. The rent review provisions had been the subject of an earlier court case, (See Abstract 27593) which concerned the basis on which the areas were to be valued on the first rent review. In the present case, the judge referred to the earlier decision as helpful with regard to the correct approach, and decided; (1) the rental value was the aggregate of the rental va