000 01417cab a2200205 4500
001 ABS43533
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u42242
041 _aeng
245 _aARC Ltd v Schofield and another
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 38 EG 113-118(4)
520 _aChD 23 January 1990. A lease dated 25 October 1974, for a term of fourteen years, included an option to renew for a further fourteen years at a "fair and reasonable market rent ...". Clause 6 provided that any dispute be referred to arbitration . The arbiter held in the landlords favour but the tenant was given leave to appeal. The first issue was whether the new rent was to be determined on the objective criteria of what a hypothetical willing landlord and tenant would agree as the market rent , as the tenant contended, or by subjective criteria of what would be fair and reasonable for the parties themselves to agree. It was held in favour of the tenant. The second issue was whether the landlord was entitled to discovery of the tenants profit and loss accounting for the last six years. It was held that if the rent was to be determined by objective criteria the trading accounts would be inadmissable in evidence .
650 _aLEASES
650 _aRENEWAL
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c27129
_d27129