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Canary Wharf Investments (Three) v Telegraph Group Ltd

Series: Estates Gazette ; [2003] 46 EG 132-136(4)Publication details: 2003Subject(s): Summary: [2003] EWHC 1575 (Ch), 25 June 2003. Defendant tenant (T) held a 25-year underlease of office premises and ancillary car parking areas from claimant landlord (C). There was a dispute between T and C over the hypothetical 25 year term for rent review purposes. C contended that the actual 25 year term ran from 1 April 1992 and the hypothetical terms would have a similar commencement date. T contended the hypothetical term meant 25 years from the notional grant, that is the relevant review date of 1 April 2002. Held that the hypothetical term commenced on 1 April 2002 in accordance with para 1.3 of the underlease, the term referred to ran from the date of the relevant rent review. Permission to appeal granted.

[2003] EWHC 1575 (Ch), 25 June 2003. Defendant tenant (T) held a 25-year underlease of office premises and ancillary car parking areas from claimant landlord (C). There was a dispute between T and C over the hypothetical 25 year term for rent review purposes. C contended that the actual 25 year term ran from 1 April 1992 and the hypothetical terms would have a similar commencement date. T contended the hypothetical term meant 25 years from the notional grant, that is the relevant review date of 1 April 2002. Held that the hypothetical term commenced on 1 April 2002 in accordance with para 1.3 of the underlease, the term referred to ran from the date of the relevant rent review. Permission to appeal granted.