000 01602cab a2200193 4500
001 L129536
008 050427n2005 000 0 eng u
035 _a(Sirsi) u129536
041 _aeng
245 _aLancecrest Ltd v Asiwaju
260 _c2005
490 _aEstates Gazette
_v[2005] 16 EG, 146-155(9)
520 _a[2005] EWCA Civ 117, 11 February 2005. Considered whether time is of the essence for a landlord serving notice to trigger a rent review and whether the letter sent by the tenant in response was sufficient counter-notice. The appellant tenant (A) held a 12 year lease with a clause providing for a rent review at the end of each four year period. The landlord (L) did not send a trigger notice until a year after the review date. The court below considered that the trigger notice was valid even though the clause required a notice to be served before the review date and that the letter sent by A was not valid as a counter-notice; A appealed. "Held": the appeal was allowed in part: time was not of the essence in regards to the trigger notice but was of the essence for the counter-notice. The letter sent by the tenant was held to be a valid counter-notice.
590 _aIKA290405
650 _aLANCECREST LTD V GANIYU ASIWAJU
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-RENT REVIEW (BUSINESS TENANCIES)
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/117.html&query=asiwaju&method=all
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c75155
_d75155