000			01650cam a2200229 4500
001			ABS65539
008			020607n2002 000 0 eng u
035			_a(Sirsi) u118322
100			_aWhiteside, H
245			_aIn the nick of time
260			_c2002
490			_aProperty Week _v67(18) 10 May 2002, 40(1)
520			_aWarns landlords not to ignore requests from tenants that time be of the essence, after the case "Barclays Bank plc v Savile Estates" decided that a tenant could serve a notice making speed important when the lease contains no timetable. Saviles had not carried out the 1996 rent review by 2000 so Barclays assumed that there would be no rent rise. After providing details of the comparables to Saviles, Barclays requested that a surveyor, appointed by RICS, should carry out a rent review, within 28 days with time of the essence. The original court found in favour of Saviles but on appeal the verdict was reversed, following earlier cases, "United Scientific Holdings v Burnley BC" and "Factory Holdings Group Ltd v Leboff Ltd, where it was decided that time could be made of the essence by serving a notice. From these cases, it can be seen that courts will construe the clause to provide an obligation must be provided in a reasonable time, especially once any deadline set in a notice is passed.
590			_aABS
650			_aTIME OF THE ESSENCE
650			_aNOTICES
650			_aBARCLAYS BANK PLC V SAVILE ESTATES LTD
650			_aUNITED SCIENTIFIC HOLDINGS V BURNLEY BC
650			_aFACTORY HOLDINGS GROUP LTD V LEBOFF LTD
690			_aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW
942			_n0
999			_c70435 _d70435