Phipps-Faire Ltd v Malbern Construction Ltd
Language: English Series: Estates Gazette ; 282(6331) 25 April 1987, 460-464(3)Publication details: 1987Subject(s): Summary: ChD 3 February 1987.Concerned the rent review provisions in a lease. The lessees of two industrial units sought a declaration that rent payable under the lease should remain the same for the next five years as for the previous five, namely 11,000. According to the construction of the clause, the sum proposed by the lessees was to be the revised rent unless the lessor applied to the RICS president for determination of the rent by a valuer. Application to the RICS had to be made within three months after notice had been served on the lessor. The lessors did not apply to the RICS within the time limit, and the lessees sought a declaration that the rent should remain at 11,000. The lessors, in a counterclaim, contended that their application to the RICS president after time had expired was valid. The issue was whether time was of the essence for the time limit. The lessees submitted that there were "contra-indications" sufficient to displace the presumption established by United Scientif| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37710 (Browse shelf(Opens below)) | 1 | Available | 6352-1001 |
ChD 3 February 1987.Concerned the rent review provisions in a lease. The lessees of two industrial units sought a declaration that rent payable under the lease should remain the same for the next five years as for the previous five, namely 11,000. According to the construction of the clause, the sum proposed by the lessees was to be the revised rent unless the lessor applied to the RICS president for determination of the rent by a valuer. Application to the RICS had to be made within three months after notice had been served on the lessor. The lessors did not apply to the RICS within the time limit, and the lessees sought a declaration that the rent should remain at 11,000. The lessors, in a counterclaim, contended that their application to the RICS president after time had expired was valid. The issue was whether time was of the essence for the time limit. The lessees submitted that there were "contra-indications" sufficient to displace the presumption established by United Scientif