||All England Reporter
|| All ER (D) 309 (Dec)
|| EWCA Civ 1800
||Court of Appeal, Civil Division
Auld, Chadwick and Arden LJJ
||Paul Morgan QC and John McGhee QC (instructed by Clifford Chance) for the claimants.
||Christopher Nugee QC and Jonathan Karas (instructed by Lovells) for the defendants.
||17 December 2003
Landlord and tenant - Rent - Review - Review clause - Construction.
On its true construction, having regard to the scheme of the relevant schedule of the lease, the definition of the relevant formula and the lease as a whole, the first proviso to a formula for accounting a sum in a rent review clause constituted a proviso to the formula by reference to which the sum was to be calculated on the hypothesis that the tenant had used his best endeavours to obtain the maximum revenue from the use of the bedrooms as sleeping accommodation.
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