000 01544cab a2200205 4500
001 ABS39994
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u20510
041 _aeng
245 _aDarlington BC v Waring and Gillow (Holdings) Ltd
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8845) 12 November 1988, 102-105(2)
520 _aChD 10 February 1988 An action concerned with the operation of a rent review clause. Darlington BC (D) were freehold owners of the property. The defendant tenants Waring and Gillow (WG) held a lease for 20 years from 1978, containing rent review provisions which gave rise to the action. The lease provided for reviews at 5-yearly intervals and if the rent was not agreed six months before the next period commenced D could appoint an independent surveyor within those six months. The parties failed to agree the first review, but no application was made by D for appointment of a surveyor. However an application was later made out of time. Despite D`s contention that certain correspondence between the parties before the time-limit had the effect of a call for the surveyor`s appointment, WG refused to accept the validity of the surveyor`s decision. ChD held that the rent review procedure in the lease had not been correctly invoked and the appointment of the independent surveyor was not valid.
650 _aBUSINESS TENANCIES
650 _aTIME OF THE ESSENCE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c13740
_d13740