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Prudential Assurance Co Ltd v Gray and Others

Language: English Series: Estates Gazette ; 283(6346) 8 August 1987, 648-652(4)Publication details: 1987Subject(s): Summary: ChD 12 May 1987 An originating summons seeking the true construction of clause for rent review in a subunderlease . The unusual clause provided for initial rent of 14-year reversionary term to be increased retrospectively as from the commencement of the term, notwithstanding the fact that it might not be determined until nearly 18 months thereafter. The revised rent when fixed was to be payable for the whole of the 14-year term and was not subject to subsequent review. The question at issue was the true construction of the words "at the date of the review" in a provision defining the commercial yearly rent as meaning the yearly rent at which the demised premises might reasonably be expected at the date of the review to be let in the open market. Landlords submitted that the review date should be given its ordinary meaning as the date on which the new rent was actually determined either by agreement or by arbitration; alternatively they suggested that it meant the date of the landlord
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS38082 (Browse shelf(Opens below)) 1 Available 8625-1001

ChD 12 May 1987 An originating summons seeking the true construction of clause for rent review in a subunderlease . The unusual clause provided for initial rent of 14-year reversionary term to be increased retrospectively as from the commencement of the term, notwithstanding the fact that it might not be determined until nearly 18 months thereafter. The revised rent when fixed was to be payable for the whole of the 14-year term and was not subject to subsequent review. The question at issue was the true construction of the words "at the date of the review" in a provision defining the commercial yearly rent as meaning the yearly rent at which the demised premises might reasonably be expected at the date of the review to be let in the open market. Landlords submitted that the review date should be given its ordinary meaning as the date on which the new rent was actually determined either by agreement or by arbitration; alternatively they suggested that it meant the date of the landlord