The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which could only be moved at great expense.
Held: The judge is to assess the rent upon the basis of the rent at which the premises might reasonably be expected to be let on the open market by a willing lessor. Any ransom value must be ignored. Nor should a rent review be ordered when one did not apply in the earlier lease.
Judges:
Lord Justice Potter, Lord Justice Brooke
Citations:
[1997] 2 EGLR 111, [1997] EWCA Civ 1854, (1999) 77 P and CR 168
Statutes:
Landlord and Tenant Act 1954 25
Jurisdiction:
England and Wales
Citing:
Cited – Charles Clements (London) Ltd v Rank City Wall Chd 1978
When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions . .
Cited – Cardshops Limited v Davies and Another CA 1971
When considering the terms of a new lease to be ordered under the Act, the terms of the current tenancy are not necessarily decisive. There may be other circumstances but it is a guide. The terms of the current tenancy are to be considered first in . .
Cited by:
Cited – Morgan Sindall Plc v Sawston Farms (Cambs) Ltd CA 3-Dec-1998
An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land.
Held: An expert’s valuation cannot be challenged if it . .
Cited – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 November 2022; Ref: scu.142250