000 01362cab a2200229 4500
001 ABS45464
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u53141
041 _aeng
245 _aPatel and another v Earlspring Properties Ltd
260 _c1991
350 _a0
490 _aEstates Gazette
_v1991 46 EG 153-155(3)
520 _aCA 11 March 1991. Appeal on the interpretation and application of a rent review clause in a shop lease. Raises the question of whether a letter from tenants (P) in response to landlords` (E) trigger notice constituted a valid counternotice and whether a failure by P to state a counter-proposal in regard to the rent was a fatal defect. E on appeal complained that the court had been wrong in holding that P`s counternotice was valid as it failed to specify a proposed rent citing the "Commission for the New Towns v R Levy & Co Ltd". CA held that the cited case had no application to the present case, P`s notice was valid. However, the CA dismissed the lower court`s view that by failing to negotiate, E had lost the right to have the rent reviewed. Appeal allowed in part.
650 _aCONSTRUCTION OF CLAUSE
650 _aCOUNTER NOTICE
650 _aRENT REVIEWS
650 _aTRIGGER NOTICES
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c32781
_d32781