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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.

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.