| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 506 (Jul) |
| Neutral Citation: | [2001] EWCA Civ 1386 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Judge, Mummery LJJ and Sir Martin Nourse |
| Representation | Timothy Morshead (instructed by Porter Crossick) for the claimant. |
| Martin Rodger (instructed by Mills & Reeve, Norwich) for the defendant. | |
| Judgment Dates: | 31 July 2001 |
Catchwords
Landlord and tenant - Rent - Review - Construction of rent review provision in commercial lease - Judge construing clause so as to require any construction on demised premises to be according to plans approved by local authority at date of lease - Whether judge in error.
The Case
Taking into account commercial common sense, the proper construction of a rent review clause provided that any building erected on the demised premises had to conform to local authority approval. The contested clause did not require that any building erected had to conform to plans already approved by the authority when the lease was entered into 28 years previously.
Practice Areas
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