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Fordgate Bingley Ltd v Argyll Stores Ltd

Language: English Series: Estates Gazette ; (1994) 39 EG 135-139(5)Publication details: 1994Subject(s): Summary: ChD 25 February 1994. Landlord, F, could not agree an open market rent with tenant A within the timescale set by the lease. In these circumstances the rent review clause provided for appointment of a surveyor by the RICS to act as expert, upon the landlord`s application. Failure to apply within three months would invalidate any further review notices. F did not apply but later turned to the court under the Arbitration Act 1950 s27 for a discretionary appointment out of time. A challenged the applicability of s27, arguing that it referred to the appointment of an arbitrator rather than an expert. "Held" in favour of the tenant.
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Law report London Journal article ABS51583 (Browse shelf(Opens below)) 1 Available 34076-1001

ChD 25 February 1994. Landlord, F, could not agree an open market rent with tenant A within the timescale set by the lease. In these circumstances the rent review clause provided for appointment of a surveyor by the RICS to act as expert, upon the landlord`s application. Failure to apply within three months would invalidate any further review notices. F did not apply but later turned to the court under the Arbitration Act 1950 s27 for a discretionary appointment out of time. A challenged the applicability of s27, arguing that it referred to the appointment of an arbitrator rather than an expert. "Held" in favour of the tenant.