| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 46 (Aug) |
| Court: | Chancery Division |
| Judge: | David Oliver QC sitting as a deputy judge of the High Court |
| Representation | Marc Dight (instructed by Piper Smith Basham) for Allied. |
| Catherine Taskis (instructed by Tweedie & Prideaux) for B. | |
| Judgment Dates: | 10 August 2001 |
Catchwords
Landlord and tenant - Lease - Rectification - Common intention of parties - Plan annexed to underlease demising further property - Underlease and headlease expiring simultaneously and resulting in assignment - Whether rectification should be allowed.
The Case
On the evidence, it was unconscionable not to give effect to the true intention of the parties that only one garage of two would be demised by an underlease. Accordingly, the underlease would be rectified to reflect that intention. However, the fact that the landlord misunderstood the consequence of the simultaneous expiry of the headlease and the underlease would not justify rectification of the underlease to that extent.
Practice Areas
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