| 000 | 01433cab a2200181 4500 | ||
|---|---|---|---|
| 001 | ABS41565 | ||
| 008 | 090401t1989 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u30945 | ||
| 041 | _aeng | ||
| 245 | _aToyota (GB) Ltd v Legal and General Assurance (Pensions Management) Ltd | ||
| 260 | _c1989 | ||
| 350 | _a0 | ||
| 490 |
_aEstates Gazette _v(1989) 42 EG 104-111(4) |
||
| 520 | _aCA 21 June 1989. The property was a national distribution centre for spare parts for cars comprising 5 acres with warehouse and other buildings. In 1973 T were granted two underleases by J, the then lessors, the combined effect of which was a term of 50years. The leases were identical to avoid a higher rate of stamp duty , as a lease over 35 years was rated at 6% as opposed to 1%. Rent reviews were set at five yearly intervals, to be either the maximum yearly rent in the preceding year or open market value whichever is the higher. A problem arose at the third rent review in 1988 when one year remained on the first lease. T contended it should be valued as such, the landlord L claimed that the second lease, which had 35 years to run, should be taken into account. It was held in favour of J; L appealed. Appeal allowed. The only reason for having two leases was to avoid stamp duty; there had never been any intention of ending the tenancy. | ||
| 690 | _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c20825 _d20825 |
||