Cordon Bleu Freezer Food Centres Ltd v Marbleace Ltd
Language: English Series: Estates Gazette ; 284(6359) 7 November 1987, 786-790(4)Publication details: 1987Subject(s): Summary: ChD 2 July 1987 Originating summons in which tenants (C) sought declarations that rent payable in accordance with a rent review clause was £16,000 pa and the landlords (M) were not entitled to apply to the president of the RICS to determine the rent. In 1986 the lease reversion was assigned to M and their solicitors sent C a trigger notice stating a rent of £30,000 pa. On the same day agents for the landlords (L) before the assignment , who did not now make it clear for whom they were acting, sent C a trigger notice stating a rent of £45,000 pa. In response to M`s notice, C gave a counternotice suggesting a rent of £16,000; with regard to L`s notice they disputed its validity, but in case the agents should prove to have authority to work for M, they purported to give the agents a "duplicate" counternotice. After failure to agree over the review, M applied to the RICS president to appoint a surveyor. Their application was out of time if the effective counternotice was that served on M| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38430 (Browse shelf(Opens below)) | 1 | Available | 10520-1001 |
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ChD 2 July 1987 Originating summons in which tenants (C) sought declarations that rent payable in accordance with a rent review clause was £16,000 pa and the landlords (M) were not entitled to apply to the president of the RICS to determine the rent. In 1986 the lease reversion was assigned to M and their solicitors sent C a trigger notice stating a rent of £30,000 pa. On the same day agents for the landlords (L) before the assignment , who did not now make it clear for whom they were acting, sent C a trigger notice stating a rent of £45,000 pa. In response to M`s notice, C gave a counternotice suggesting a rent of £16,000; with regard to L`s notice they disputed its validity, but in case the agents should prove to have authority to work for M, they purported to give the agents a "duplicate" counternotice. After failure to agree over the review, M applied to the RICS president to appoint a surveyor. Their application was out of time if the effective counternotice was that served on M