The online resource for UK Property Law

Rent review

These pages contains material dealing with a number of matters relating to rent review clauses:

  • Construction of rent review clauses
  • Presumption of reality
  • Time of the essence
  • Notices
  • Rent review arbitration

See contents on left.

Arbitration

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...

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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...

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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...

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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...

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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...

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