000 01576cab a2200229 4500
001 ABS46853
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u59751
041 _aeng
245 _aPatel and Others v Peel Investments (South) Ltd
260 _c1992
350 _a0
490 _aEstates Gazette
_v1992 30 EG 88-95(7)
520 _aChD 3 July 1992. Two applications by originating summons, firstly by the plaintiff landlord (X) for a declaration as to the rent payable under a lease of shop premises and secondly by the defendant tenants (Y) in pursuant to s27 of the Arbitration Act 1950 to extend the time for commencement of arbitration proceedings concerning the proper rental valuation. In the first case, in accordance with the rent review provisions in the lease, the landlords served a notice on 7 July 1988 specifying a annual rent of £19.500. The rent review clause provided that tenants could serve a counternotice within three months as to which time was of essence. On 15 August 1989, the landlord served a second rent review notice specifying £23,000. On 12 February 1990, Y decided to appoint an arbitrator. X contended that in the absence of a counternotice before 7 October 1988, the rent was £19.500 whilst Y argued that X had waived their right to rely on time constraints. Held that X was entitled to a declara
650 _aARBITRATION ACT 1950 S27
650 _aEXTENSION OF TIME
650 _aRENT REVIEWS
650 _aTIME OF THE ESSENCE
690 _aARBITRATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c36719
_d36719