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Long leases.

The editors of this section are Piers Harrison, barrister (enfranchisement) and Jonathan Upton, barrister (service charges), assisted by Harriet Holmes, Richard Alford, Katie Gray, Diane Doliveux, Caoimhe McKearney, Will Beetson and Sam Madge-Wyld all of Tanfield Chambers London.

Leasehold enfranchisement

Ground rent - Rent review - Time of the essence

Proxima GR Properties Ltd v Spencer
[2017] UKUT 450 (LC)

Summary

The Upper Tribunal (Lands Chamber) found that a tenant was not entitled to serve a notice upon his landlord making ‘time of the essence’ of a rent review, even though the landlord only commenced the rent review 6 years after receipt of the tenant’s notice.

The Upper Tribunal determined that the express wording of the lease had to apply. The lease stated that the landlord could appoint a third party surveyor “at any time” and that wording meant the tenant was unable to make time of the essence.

Facts

The case concerned the leases of three re ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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