Image from Google Jackets

Kings (Estate Agents) Ltd v Anderson and another

Language: English Series: Estates Gazette ; (1992) 05 EG 166-170(3)Publication details: 1992Subject(s): Summary: ChD 24 October 1991. The plaintiff Kings (K), sought declarations as to the true construction of a rent review clause against the defendant landlords (A). The current market rental value was to be the amount agreed between A and K six months prior to commencement of the fourth rent period `or in the absence of agreement (time to be of the essence in this provision) as shall be determined by an arbitrator. The lease provided that the arbitrator was to make his determination by a date three months prior to commencement of the rent period. K claimed that A had failed to comply with the time schedule for the rent review and had no authority to apply for appointment of an arbitrator. Held that upon the true construction of the lease, there was no direction that the arbitrator had to make his determination by a date three months prior to the commencement of the fourth rent period. Declarations for A were refused.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS45937 (Browse shelf(Opens below)) 1 Available 55978-1001

ChD 24 October 1991. The plaintiff Kings (K), sought declarations as to the true construction of a rent review clause against the defendant landlords (A). The current market rental value was to be the amount agreed between A and K six months prior to commencement of the fourth rent period `or in the absence of agreement (time to be of the essence in this provision) as shall be determined by an arbitrator. The lease provided that the arbitrator was to make his determination by a date three months prior to commencement of the rent period. K claimed that A had failed to comply with the time schedule for the rent review and had no authority to apply for appointment of an arbitrator. Held that upon the true construction of the lease, there was no direction that the arbitrator had to make his determination by a date three months prior to the commencement of the fourth rent period. Declarations for A were refused.