000 01484cab a2200193 4500
001 ABS39344
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u16055
041 _aeng
245 _aPanavia Air Cargo Ltd v Southend-on-Sea BC
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8822) 4 June 1988, 82-86(3)
520 _aCA 10 March 1988. Appeal by tenants (P) from decision in favour of construction put forward by landlords (S) of a rent review clause in a lease of land at Southend Airport . In the schedule to the lease para 13 provided that " ... time shall not be deemed to be of the essence of the contract", while para 14 provided that "if for any reason no review of rent takes place in respect of any relevant period or a review is not completed within 12 months of the commencement of any relevant period then the rent payable ... shall be increased by 25% of the rent then currently payable". At issue was whether time is of the essence as to the 12 month period in para 14, despite the language of para 13. P submitted that para 14 applied and sought confirmation that the rent would increase only by 25%, i.e. from £2,700 to £3,375pa. S argued that, although para 13 preceded para 14, it was not intended to apply only to the time-limits in the earlier provisions, but to the whole schedule. CA held that
650 _aAIRPORTS
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c10558
_d10558