000			01499cab a2200193 4500
001			ABS39512
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u17245
041			_aeng
245			_aWallace and Another v McMullen and Sons Ltd
260			_c1988
350			_a0
490			_aEstates Gazette _v(8828) 16 July 1988, 81-88(4)
520			_aChD 18 March 1988 A summons to determine questions of construction of rent review provisions. R and J Wallace (W) were the landlords and McMullen & Sons (M) were the tenants. The land was some 127 acres out of a larger estate, leased for use as a golf club . The lease provided for a number of easements and contained in a schedule extensive covenants on behalf of M. There were also landlords` covenants such as quiet enjoyment. The rights reserved to W included mines and minerals and sporting rights. The rent review clause was unusual in that it provided for increases of rent at seven-year intervals, not by reference to open market rentals, but to increases in vacant possession capital value of the land subject to the lease. Instead of a hypothetical lease the clause envisaged a hypothetical freehold with similar rights and obligations and with a similar planning permission to that enjoyed by the actual freehold. The question was what "rights and obligations", in the review clause shou
650			_aCONSTRUCTION OF CLAUSE
690			_aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942			_n0
948			_c04/03/1997
999			_c11435 _d11435