ChD 19 March 1992. By a lease dated October 1985 the plaintiff, as landlord, demised the premises to the defendant, as tenant, for a period of 25 years. The dispute relates to that part of the building used as offices. The initial rent was £1,242,000pa with five yearly rent reviews. This dispute arose at the first rent review. The parties agreed on a surveyor to act as arbitrator. Both parties made submissions to the arbitrator. The landlord claimed an increase of 10% based on comparables. The tenants however claimed that `vacant but fit for immediate occupation and use` merely means that you disregard any period of time necessary to fit out the premises. The enforcement notices were served on M and no further demolition work took the arbitrators decision was binding. After a detailed consideration of the case law relating to binding arbitration it was held that it was binding as no error of judgement had been made. The arbitrator was right to hold that `fit for occupation and use` m