000 01532cab a2200241 4500
001 ABS53623
008 090401t1995 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u5414
041 _aeng
245 _aFraser Pipestock Ltd v Gloucester CC
260 _c1995
350 _a0
490 _aEstates Gazette
_v(1995) 36 EG 141-143(3)
520 _aChD 3 February 1995. The plaintiff tenant holds the severed term of a lease at an apportioned yearly rent of £9,425. For every 21-year period after that the rent was to be a fair market rent set in accordance with clause 4 of the lease, which stated that it should either be £9,425, the rent payable during the previous rent period or 8% of the rack-rents receivable by the lessee. The landlords contended that as the premises were not sublet but occupied by one tenant the rent at review should be 8% of what would be a market rack-rent. It was held that rack-rents `receivable` meant the rents actually received by the tenant, therefore in this case that machinery for rent review had broken down. However neither could the court set an alternative valuation method as the parties had agreed an ad hoc means of arriving at ground rent and it was not clear what rental basis any implied term or machinery could be directed to.
650 _aFAIR MARKET RENT
650 _aRACK RENT
650 _aRENT REVIEW CLAUSE
650 _aRENT REVIEWS
650 _aVALUATION METHODS
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c3220
_d3220