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Brewers Company v Viewplan PLC

Language: English Series: Estates Gazette ; (1989) 45 153-156(2)Publication details: 1989Subject(s): Summary: ChD 17 May 1989 Originating summons by Brewers Company (B), raising a question of construction of user provisions in a lease which were relevant to the operation of a rent review clause. In a 1983 lease of a technology centre a recital provided that references in the lease to "the Planning Acts" were deemed to include an statutory modification or re-enactment thereof for the time being in force and to also include any statutory instruments being in force thereunder. A user covenant provided inter alia for use for the lessees business "or with the consent of the landlord such consent not to be unreasonably withheld any other use within Class 3 of Use Classes Order 1972 ". B sought for construction to establish that reference to Class 3 in the user covenant should now be taken to refer to class B1 of the Use Classes Order 1987 , thus widening the class of uses for which consent could not unreasonably be withheld to include office use. ChD held, dismissing the summons, that the draftsma
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS41709 (Browse shelf(Opens below)) 1 Available 31918-1001

ChD 17 May 1989 Originating summons by Brewers Company (B), raising a question of construction of user provisions in a lease which were relevant to the operation of a rent review clause. In a 1983 lease of a technology centre a recital provided that references in the lease to "the Planning Acts" were deemed to include an statutory modification or re-enactment thereof for the time being in force and to also include any statutory instruments being in force thereunder. A user covenant provided inter alia for use for the lessees business "or with the consent of the landlord such consent not to be unreasonably withheld any other use within Class 3 of Use Classes Order 1972 ". B sought for construction to establish that reference to Class 3 in the user covenant should now be taken to refer to class B1 of the Use Classes Order 1987 , thus widening the class of uses for which consent could not unreasonably be withheld to include office use. ChD held, dismissing the summons, that the draftsma