000 01588cab a2200205 4500
001 ABS36986
008 090401t1986 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u1367
041 0 _aeng
245 0 0 _aDennis and Robinson Ltd v Kiossis Establishment
260 _c1986
350 _a0
490 0 _aEstates Gazette
_v280(6305) 11 October 1986, 203-204 (3)
520 _aChD, 31 July 1986. Tenants sought a declaration as to the meaning of a rent review clause in an underlease. The clause provided that the full yearly market rent meant the rent at which the property might reasonably be expected to be let in the open market. The tenants submitted that there should be no assumption that there would be a willing lessee. The landlords submitted that the formula must be applied on the assumption that there would be a letting, whatever might be the result of testing the appropriate open market. ChD held, rejecting the landlord's submission, that there was no justification for incorporating a wholly unreal factor into a hypothetical exercise which the review clause demanded. If examination of the appropriate open market showed no willing lessee at any price the formula should not be construed as requiring a willing lessee to be invented. Declaration to be agreed by the parties in the light of the judgment.
650 2 4 _aDENNIS AND ROBINSON LTD V KIOSSOS ESTABLISHMENT
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES-RENT REVIEW (COMMERCIAL LEASES)
942 _n0
948 _c04/03/1997
999 _c751
_d751