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Historic Houses Hotels Ltd v Cadogan Estates

Language: English Series: Estates Gazette ; (1995) 11 EG 140-141(2)Publication details: 1995Subject(s): Summary: CA 28 July 1994. H held a 60-year lease on a hotel, subject to five yearly rent reviews. Any improvements made by H were to be disregarded, other than those made for which there was obligation, sole expense and C`s consent. Such repairs were undertaken and a lessor`s licence granted, but with the covenant that the lease terms would be applicable as if the hotel was in its unaltered state. Dispute at rent review led C to contend in the ChD that it must be assumed that the hotel was first demised in its present altered state and that the disregard in the rent review clause should be excluded. C lost at first instance and appealed. Appeal dismissed.

CA 28 July 1994. H held a 60-year lease on a hotel, subject to five yearly rent reviews. Any improvements made by H were to be disregarded, other than those made for which there was obligation, sole expense and C`s consent. Such repairs were undertaken and a lessor`s licence granted, but with the covenant that the lease terms would be applicable as if the hotel was in its unaltered state. Dispute at rent review led C to contend in the ChD that it must be assumed that the hotel was first demised in its present altered state and that the disregard in the rent review clause should be excluded. C lost at first instance and appealed. Appeal dismissed.