The land was undeveloped when let to the tenant, who covenanted to build on it. On the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition as originally let.
Held: In the absence of anything in the lease to indicate otherwise, the presumption was that the rent should be reviewed on the basis of the condition of the property as at the date of the review (with the buildings), and not as at the date of the grant.
Hoffmann J
[1992] EGLR 155, [1992] CLY 2739, [1992] 24 EG 136
England and Wales
Citing:
Applied – Ponsford v HMS Aerosols 1978
. .
Applied – British Gas Corporation v Universities Superannuation Scheme ChD 1986
The lease had a five yearly rent review, to be the highest of the current rent the rack rental value at the relevant rate. The rack rent was calculated under a hypothetical lease containing the same provisions (save for rent). The tenant sought a . .
Considered – Ipswich Town Football Club v Ipswich Borough Council 1988
. .
Applied – Basingstoke and Deane Borough Council v Host Group Limited CA 1988
A lease of various buildings including a public house required the rent review to be carried out on the premise that the demise consisted of a bare site. The issue was whether the terms of the hypothetical letting and the valuation formula were to . .
Applied – Ravenseft Properties Ltd v Park 1989
. .
Considered – Sheerness Steel Co v Medway Ports Authority 1992
. .
Cited by:
Applied – Ocean Accident and Guarantee Corporation v Next Plc Etc ChD 5-Dec-1995
Trade fixtures attached by a tenant will not usually add to rent on review. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 January 2022; Ref: scu.180701