Iceland Foods plc v Dangoor and others
Series: Estates Gazette Law Reports ; [2002] 21 EG 146-154(9)Publication details: 2002Subject(s): Summary: ChD 8 February 2002. The claimant tenant (I) held a lease of business premises from the defendant landlords (D) for a term until 2028. The lease provided for rent reviews on 25 April 1980 and every seven years thereafter. Paragraph 2 of the schedule to the lease provided that where the landlords wanted a review, they should serve a trigger notice not more than twelve or less than three months before the relevant review date. Paragraph 3 provided that if the parties had not agreed the rent at least two months before the review date, then the rent was to be determined by a surveyor not less than one month before the review date. Paragraph 6 provided that if the parties had not agreed the rent two months prior and an application had not been made as required by para 3, the given trigger notice would be void. The relevant review date was 25 April 2001. L did not serve the trigger notice until 15 May 2001. The tenant argued the notice was invalid because L had not applied for the appointment of a surveyor. On 25 July L applied for an appoinment but the tenant contended that L's trigger notice and the appointment were invalid. "Held" the landlords were entitled to a review date of the rent with effect from 25 April 2001.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65631 (Browse shelf(Opens below)) | 1 | Available | 118461-1001 |
ChD 8 February 2002. The claimant tenant (I) held a lease of business premises from the defendant landlords (D) for a term until 2028. The lease provided for rent reviews on 25 April 1980 and every seven years thereafter. Paragraph 2 of the schedule to the lease provided that where the landlords wanted a review, they should serve a trigger notice not more than twelve or less than three months before the relevant review date. Paragraph 3 provided that if the parties had not agreed the rent at least two months before the review date, then the rent was to be determined by a surveyor not less than one month before the review date. Paragraph 6 provided that if the parties had not agreed the rent two months prior and an application had not been made as required by para 3, the given trigger notice would be void. The relevant review date was 25 April 2001. L did not serve the trigger notice until 15 May 2001. The tenant argued the notice was invalid because L had not applied for the appointment of a surveyor. On 25 July L applied for an appoinment but the tenant contended that L's trigger notice and the appointment were invalid. "Held" the landlords were entitled to a review date of the rent with effect from 25 April 2001.