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British Railways Board v Mobil Oil Co Ltd

Language: English Series: Estates Gazette ; (1994) 09 EG 181-182(2)Publication details: 1994Subject(s): Summary: CA 5 July 1993. By a lease dated 19 September 1966,this was an appeal by the defendant from a decision in the High Court, where a declaration has been made in favour of the landlord, concerning construction of a rent review, in relation to the lease of a petrol-filling station. In the High Court, the Judge accepted the landlord`s contentions: 1) that the base date for calculation was the commencement of the term. 2) the calculation of the rent increase should be made by assessing the rental value of the premises, including the buildings. The tenant appealed. Appeal allowed. 1) the base date which the arbitrator had to use, was the last increase; 2) The rise which the increase is to reflect is the proportion or percentage rise in rents of other petrol stations since September 1980.
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Law report London Journal article ABS50280 (Browse shelf(Opens below)) 1 Available 75050-1001

CA 5 July 1993. By a lease dated 19 September 1966,this was an appeal by the defendant from a decision in the High Court, where a declaration has been made in favour of the landlord, concerning construction of a rent review, in relation to the lease of a petrol-filling station. In the High Court, the Judge accepted the landlord`s contentions: 1) that the base date for calculation was the commencement of the term. 2) the calculation of the rent increase should be made by assessing the rental value of the premises, including the buildings. The tenant appealed. Appeal allowed. 1) the base date which the arbitrator had to use, was the last increase; 2) The rise which the increase is to reflect is the proportion or percentage rise in rents of other petrol stations since September 1980.