000 01628cab a2200241 4500
001 ABS46257
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u57406
041 _aeng
245 _aBritish Gas plc v Dollar Land Holdings plc
260 _c1992
350 _a0
490 _aEstates Gazette
_v(9212) 28 March 1992, 141-146(4)
520 _aChD 28 October 1992. An application by an originating motion by the tenant, B, for the award of an arbitrator to be varied or set-aside. The landlord, D, agreed to the appeal. At rent review, the tenant submitted to the arbitrator that the hypothetical term was 35 years from the review date, giving a lower rent; the landlord contended for a hypothetical term of 14 years from review, this being the residue of a term of 35 years from the original commencement date. The tenant`s argument was rejected by the arbitrator, who made alternative awards in relation to the parties` respective contentions; the tenant applied for the award to be set aside. At issue was the length of the hypothetical term and the commencement date the arbitrator should use in determining full market yearly rent for the purposes of a rent review clause in the lease. Held, dismissing the applic- ation, that the hypothetical term was for a period equal to the residue of the term in the actual lease. Leave to appeal r
650 _aARBITRATORS' AWARDS
650 _aCONSTRUCTION OF CLAUSE
650 _aHYPOTHETICAL TERM
650 _aRENT REVIEWS
650 _aREVIEW DATE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c35000
_d35000