The online resource for UK Property Law

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 provision, which expresses a clear intention as to the consequences of a party’s failure to comply with a prescribed timetable, will make time of the essence. In this case the lease stated that…

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