The lease provided for seven-yearly rent reviews. The landlord argued that the reddendum gave the right to trigger a review to him alone. If he chose not to do so, then no review would take place. The tenant contended that the opening words of the reddendum provided for a review every seven years and that sub- clauses (a)-(d) were merely machinery. If the review was compulsory, then the Court could supply the machinery by implying whatever term was necessary to enable the review to take place.
Held: The court accepted the tenant’s argument
Judges:
Jacob J
Citations:
[1997] 1 EGLR 99
Jurisdiction:
England and Wales
Citing:
Cited – Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited CA 24-Oct-1996
The reddendum in the lease provided for a rent review: ‘there will be a rent review for each of the review periods’. The express machinery for such review could only be initiated by the landlord, but in refusing to initiate a review the landlord was . .
Cited by:
Cited – Hemingway Realty Ltd v Clothworkers’ Company ChD 8-Mar-2005
The lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 24 July 2022; Ref: scu.223572