Rent Review
Time of essence
The leading case Starmark Enterprises Ltd v CPL Distribution Ltd [2001] EWCA Civ 1252 The normal presumption in rent review cases that time is not of the essence can be displaced if there is a clear contraindication in the wording of the rent review clause. A deeming...
Presumption of reality
Beegas Nominees Ltd v Decco Ltd [2003] EWHC 1891 (Ch); [2003] 43 EG 138 As a general rule the court will construe a rent review clause by relying upon the presumption of reality. In 1988 the Court of Appeal set out the position in relation to the hypothetical lease...
Construction
This page contains two cases dealing with various construction points: Date from which rent increase is take effect. Operation of rent review clause by the tenant. See also the pages on "time of the essence" and "presumption of reality" - see contents on left. There...
Rent review notices
This page deals with two cases on notices: Defective notices - late notice and defective counter-notice. Service of notice - address for service Defective notices Late notice and defective counter-notice Lancecrest Ltd v Asiwaju [2005] EWCA Civ 117 There were two...