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British Home Stores plc v Ranbrook Properties Ltd

Language: English Series: Estates Gazette ; (8816) 23 April 1988, 80-87(4)Publication details: 1988Subject(s): Summary: QBD 8 December 1987. An originating summons for the construction of a rent review clause in a lease, dated 4 July 1978 for a term of 99 years from 11 August 1977. The rent review clause provides for review every five years, the first taking place in August 1982 and the second in August 1987. Argument arose over construction of the words "upon the terms and conditions (save as to rent) herein contained" in para 1(b) of the schedule ie. whether the hypothetical lease on the basis of which the surveyor is to determine the new rent should or should not be treated as containing the rent review provisions themselves. By referring to recent caselaw it was held that the phrase in question did include the rent review provisions in the schedule to the lease.

QBD 8 December 1987. An originating summons for the construction of a rent review clause in a lease, dated 4 July 1978 for a term of 99 years from 11 August 1977. The rent review clause provides for review every five years, the first taking place in August 1982 and the second in August 1987. Argument arose over construction of the words "upon the terms and conditions (save as to rent) herein contained" in para 1(b) of the schedule ie. whether the hypothetical lease on the basis of which the surveyor is to determine the new rent should or should not be treated as containing the rent review provisions themselves. By referring to recent caselaw it was held that the phrase in question did include the rent review provisions in the schedule to the lease.