Panavia Air Cargo Ltd v Southend-on-Sea BC
Language: English Series: Estates Gazette ; (8801) 9 January 1988, 60-64(3)Publication details: 1988Subject(s): Summary: ChD 30 July 1987. An originating summons by which tenants (P) sought a determination of the construction of the rent review provisions in a lease. At issue was the meaning of the construction of a provision which stated that if a rent review was not completed within 12 months of the commencement of a relevant period, the rent payable during that period would be the current rent increased by 25%. It was argued by P that as the review had not been completed in time, the automatic increase of 25% in the current rent came into effect. The landlords contended that this 25% provision was only an interim arrangement, and therefore, if a rent review was to be subsequently completed, the revised rent would take effect if it resulted in a figure over 125% of the rent payable for the previous period. On appeal, it was held that the increase of 25% did not operate automatically if the review was not completed within 12 months of the completion of the relevant period.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38710 (Browse shelf(Opens below)) | 1 | Available | 12086-1001 |
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ChD 30 July 1987. An originating summons by which tenants (P) sought a determination of the construction of the rent review provisions in a lease. At issue was the meaning of the construction of a provision which stated that if a rent review was not completed within 12 months of the commencement of a relevant period, the rent payable during that period would be the current rent increased by 25%. It was argued by P that as the review had not been completed in time, the automatic increase of 25% in the current rent came into effect. The landlords contended that this 25% provision was only an interim arrangement, and therefore, if a rent review was to be subsequently completed, the revised rent would take effect if it resulted in a figure over 125% of the rent payable for the previous period. On appeal, it was held that the increase of 25% did not operate automatically if the review was not completed within 12 months of the completion of the relevant period.