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Co-operative Wholesale Society Ltd v National Westminster Bank plc : Scottish Amicable Life Assurance Society v Middleton Potts & Co : Broadgate Square plc v Lehman Brothers Ltd : Prudential Nominees Ltd v Greenham Trading Ltd

Language: English Series: Estates Gazette ; (1995) 01 EG 111-116(6)Publication details: 1995Subject(s): Summary: CA 17 November 1994. Four cases were heard together whose common factor was the effect of rent-free periods on the valuation of a property. At the first hearing it was held that the market value was to be the headline rent. At CA it was held that a clause which deems the market rent to be the headline rent obtainable after a rent-free period granted simply to disguise the fall in the rental value of the property is not in accordance with the basic purpose of a rent review clause. This therefore meant that a rent-free period should be taken into account when setting a rent at review. (Petition to appeal to HL refused - Herbert Smith Briefing June 1995.)
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Law report London Journal article ABS52146 (Browse shelf(Opens below)) 1 Available 63476-1001

CA 17 November 1994. Four cases were heard together whose common factor was the effect of rent-free periods on the valuation of a property. At the first hearing it was held that the market value was to be the headline rent. At CA it was held that a clause which deems the market rent to be the headline rent obtainable after a rent-free period granted simply to disguise the fall in the rental value of the property is not in accordance with the basic purpose of a rent review clause. This therefore meant that a rent-free period should be taken into account when setting a rent at review. (Petition to appeal to HL refused - Herbert Smith Briefing June 1995.)