000 01586cab a2200229 4500
001 ABS49194
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u70303
041 _aeng
245 _aPrudential Assurance Co ltd v Grand Metropolitan Estate Ltd
260 _c1993
350 _a0
490 _aEstates Gazette
_v(1993) 32 EG 74-78(5)
520 _aChD 19 March 1993. By an underlease G occupied a public house. The rent review clause directed that any effect on rent of the fact that the tenant had been in occupation must be disregarded. An arbitrator set the rent at £41,500 by the profits method. The landlord (P) requested that the award be remitted under Arbitration Act 1950 s22 on the grounds that the arbitrator had misunderstood the landlord` surveyor`s submissions on the question of whether the goodwill and profit potential deriving from the trading potential as a public house should be disregarded or taken into account. They also claimed the arbitrator had erred by assuming that the premises had not previously been used as a public house. The arbitrator sought legal advice to the effect that if one is to disregard the effect on rent of the fact that the tenant has been in occupation of the demised premises, it follows that goodwill generated by that occupation must be disregarded. P appealed but this was dismissed.
650 _aARBITRATION ACT 1950 S22
650 _aDISREGARDS
650 _aPUBLIC HOUSE
650 _aRENT REVIEWS
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c04/03/1997
999 _c44209
_d44209