Source: All England Reporter
Publisher Citation: [2005] All ER (D) 201 (Nov)
Neutral Citation: [2005] EWCA Civ 1361
Court: Court of Appeal, Civil Division

Pill and Carnwath LJJ

Representation Gary Blaker (instructed by Mishcon de Reya) for the landlord.
  Edward Francis (instructed by Wellers, Bromley) for the tenant.
Judgment Dates: 16 November 2005


Landlord and tenant - Rent - Review - Failure to comply with time limits - Presumption that time not of the essence - Whether clause providing that periods of time to be deemed of the essence save where landlord or tenant require appointment of surveyor to determine question of new rent payable displacing presumption.

The Case

On the true construction of a proviso in a lease the presumption that time was not of the essence applied.

Practice Areas

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