Source: All England Reporter
Publisher Citation: [2002] All ER (D) 396 (Nov)
Neutral Citation: [2002] EWCA Civ 1687
Court: Court of Appeal, Civil Division
Judge:

Judge, Mummery and May LJJ

Representation Kim Lewison QC (instructed by Cawdery Kaye Fireman & Taylor) for the lessor.
  Jonathan Brock QC (instructed by Mace & Jones) for the lessee.
Judgment Dates: 27 November 2002

Catchwords

Landlord and tenant - Rent - Review - Review clause - Construction - Time for giving rent review notice

The Case

On the ordinary and natural meaning of the language of cl4 of a lease, which provided: '(a) The Lessor may from time to time give notice in writing to the Lessee in accordance with the provisions of this clause requiring the rent payable hereunder to be reviewed. (b) Such notice may be given at any time not more than twelve months before the expiration of each or any of the following years of the said term that is to say every fifth year thereof but not at any other time and from and after the giving of any such notice ', the word 'before' served a dual temporal function: first, in governing the calculation of the relevant period of 12 months, so that the notice was not to be given more than 12 months before the expiration of the relevant five year period; and, secondly, in governing the period within which notice was to be given, that was in the period before the expiration of the relevant fifth year.

Practice Areas

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