000 01520cab a2200193 4500
001 ABS23461
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u17152
041 _aeng
245 _aEquity & Law Life Assurance Society PLC v Bodfield Ltd
260 _c1987
350 _a0
490 _aEstates Gazette
_v281 (6327) 28 March 1987, 1448-1452 (3)
520 _aCA 19 March 1987. Appeal by tenant from decision in favour of landlords regarding the true construction of a rent review clause . As guidance, the court considered British Gas Corporation v Universities Superannuation Scheme (Abstract 36103). In the present case the rent review provisions included a formula with the unusual feature that a discount on the "net rental value" was allowed to the tenants. This was defined as the best open market rent on the assumption that the hypothetical lease should be on the same terms as the actual lease, "other than as to duration and rent". At issue was whether this reference to rent required that the terms as to future rent reviews contained in the existing lease should be included in the hypothetical lease. The landlords contended that the hypothetical lease should contain no rent review provisions and the previous judge agreed. The tenants appealed. CA affirmed previous decision, holding that provisions relating to discount from the net rent cou
650 _aCONSTRUCTION OF CLAUSE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c11373
_d11373