Article contributed by Michael Lever This series provides an overview of the practicalities in England and Wales. Specific problems need particular attention; every property and every lease differ, so the series is not a substitute for specific advice. ...
Article contributed by Michael Lever Introduction This series provides principals, practitioners, and students with an overview of the practical aspects applicable in England and Wales. Specific problems need particular attention; every property and every lease...
Article contributed by Michael Lever Introduction This series enables principals, practitioners and students to appreciate the practical aspects applicable in England and Wales. However, specific problems require particular attention as every property...
Article contributed by Michael Lever Commercial property rent review When drafting a lease of a commercial property containing rent review to the open market rent, careful-wording will enable whatever happens in practice to complement the underlying commercial...
Challenging the award It is extremely difficult to challenge the award of an arbitrator. The provisions under which such a challenge may be made - ss68 and 69 of the Arbitration Act 1996 - are very limited. This is demonstrated by a number of cases although in some of...
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...
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...
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...
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...
English 