000 01621cam a2200265 4500
001 ABS67949
008 040629n2004 000 0 eng u
035 _a(Sirsi) u126616
100 _aBannister, E.
245 _aTwists and turns
260 _c2004
490 _aEstates Gazette
_v(0424) 12 June 2004, 140-142(3)
520 _aArticle advises how to keep leases simple, by basing rent review clauses on reality and the actual lease and the subject matter of that lease. At rent review, if there is ambiguity in the drafting of a rent review clause, courts will usually follow the lease rather than take into account what the tenant gets, even if the result makes little commercial sense. This article discusses one aspect of this commercial purpose approach, which is the presumption of reality , where the courts try to ensure that the valuation exercise remains as close to reality, as possible in the lease and its subject matter. Outlines "Canary Wharf Investments v Telegraph Group Ltd" ([2003] EWHC 1575 (Ch), [2003] 46 EG 132, Abs67266) where Canary Wharf tried to apply the presumption of reality and summarises the Judge's review of the natural meaning of open market rent.
590 _aABS
590 _aABS
650 _aPRESUMPTION OF REALITY
650 _aRENT REVIEW CLAUSES
650 _aBRITISH GAS CORPORATION V UNIVERSITIES SUPERANNUATION SCHEME LTD
650 _aBASINGSTOKE AND DEANE BC V HOST GROUP LTD
650 _aBEEGAS NOMINEES LTD V DECCO LTD
650 _aOPEN MARKET RENT
650 _aMARKET CONDITIONS
690 _aLANDLORD AND TENANT-RENT REVIEWS
942 _n0
999 _c117602
_d117602