000 01636cab a2200241 4500
001 ABS58190
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u83256
041 _aeng
245 _aFox & Widley v Guram and another
260 _c1998
350 _a0
490 _aEstates Gazette
_v(9803) 17 January 1998, 142-146(5)
520 _aQBD 3 October 1997. The applicant tenants held a lease on a lock-up shop and premises at a rent subject to rent review. The rent review clause provided that the rent at review should be such sum as should be specified in a notice served by the landlords to which the tenants were entitled to serve a counternotice within three months requiring the rent to be determined as the `open market rental` at arbitration. The landlord`s surveyor gave notice requiring the rent to be raised. The tenants failed to serve a counternotice. The tenants sought a declaration that the letter did not amount to notice within the meaning of the rent review clause because the Landlord`s surveyors had no authority to give the notice and the rent referred to was not the result of any determination of open market rental value. Also an extension of time under the Arbitration Act 1996 s12 was sought for serving the counternotice in order to bring the arbitration proceedings into being. Application dismissed
650 _aARBITRATION ACT 1996 S12
650 _aCOUNTER NOTICE
650 _aEXTENSION OF TIME
650 _aOPEN MARKET RENTAL VALUE
650 _aRENT REVIEW CLAUSE
690 _aLANDLORD AND TENANT-CASE LAW-RENT REVIEWS
942 _n0
948 _c22/01/1998
999 _c52574
_d52574