000 01454cab a2200181 4500
001 ABS39860
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u19520
041 _aeng
245 _aHenderson Group PLC v Superabbey Ltd
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8839) 1 October 1988, 82(4)
520 _aChD 29 January 1988. Action by tenants (H) seeking determination as to whether an initial exchange of letters between H and the landlords (S) constituted a binding contract with regard to the amount of reviewed rent. A rent review notice had been sent to H by S`s surveyor; headed " without prejudice " and " subject to contract " proposing a new rent of £26,944pa in place of the existing rent of £16,682pa. H was invited to notify acceptance, in which event a memorandum would be prepared. H notified acceptance, but, on receipt of the formal memorandum for signature, H wrote back saying there had been a misunderstanding and they could not agree to the proposed rent. S argued that the exchange of letters constituted a binding contract. Case law on the "subject to contract" formula were reviewed and the judge enumerated several basic principles . He rejected a number of suggested reasons put forward on behalf of S as to why the words in the present case did not have their prima facie mean
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c13038
_d13038