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Lynnthorpe Enterprises Ltd v Sidney Smith (Chelsea) Ltd

Language: English Series: Estates Gazette ; (1990) 08 EG 93-101(5)Publication details: 1990Subject(s): Summary: ChD 28 April 1989. This case between the landlord (S) and the Nose Wine Bar Ltd (N) involved a lease dated 22 August 1978 for a 15 year term on the ground floor and basement of 52 Kings Road , Chelsea . The lease term was divided into seven periods. For the first two, of nine months each, the rent was set at £10,000 and £20,000 per annum respectively. For the further periods, the first of one-and-a- half years and the other four of three years each, the rent would either be that payable under the lease immediately prior to the commencement of that period or `the fair market rent of the premises at the commencement of` that period. The proceedings relate to the last two periods. In case of a dispute over rent an independent surveyor was to adjudicate. In 1981 the name of the wine bar changed to Blushes Ltd and a deed of variation was drawn up, this increased the rent for the third period to £40,000 and changed clause 4 to prevent use as a betting office or amusement arcade or for the
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Law report London Journal article ABS42379 (Browse shelf(Opens below)) 1 Available 36450-1001

ChD 28 April 1989. This case between the landlord (S) and the Nose Wine Bar Ltd (N) involved a lease dated 22 August 1978 for a 15 year term on the ground floor and basement of 52 Kings Road , Chelsea . The lease term was divided into seven periods. For the first two, of nine months each, the rent was set at £10,000 and £20,000 per annum respectively. For the further periods, the first of one-and-a- half years and the other four of three years each, the rent would either be that payable under the lease immediately prior to the commencement of that period or `the fair market rent of the premises at the commencement of` that period. The proceedings relate to the last two periods. In case of a dispute over rent an independent surveyor was to adjudicate. In 1981 the name of the wine bar changed to Blushes Ltd and a deed of variation was drawn up, this increased the rent for the third period to £40,000 and changed clause 4 to prevent use as a betting office or amusement arcade or for the