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North Hertfordshire DC v Hitchin Industrial Estate Ltd

Language: English Series: Estates Gazette ; (1992) 37 EG 133-139(3)Publication details: 1992Subject(s): Summary: ChD 8 May 1992. Landlords (N) leased premises to H in 1969 for 99 years, with rent reviews provided for every 21 years. Any variation in rent was to be subject to 12-months` notice. N served 3 such notices, but all after the date of the first review, in 1989. The lessees, in rejecting the variation, claimed that time was `of the essence` and the notice, therefore, should have been served in 1988. However, the court dismissed the the argument and upheld the validity of the notice.

ChD 8 May 1992. Landlords (N) leased premises to H in 1969 for 99 years, with rent reviews provided for every 21 years. Any variation in rent was to be subject to 12-months` notice. N served 3 such notices, but all after the date of the first review, in 1989. The lessees, in rejecting the variation, claimed that time was `of the essence` and the notice, therefore, should have been served in 1988. However, the court dismissed the the argument and upheld the validity of the notice.