||All England Reporter
|| All ER (D) 316 (Jun)
||Nicholas Dowding QC (instructed by Maples Teesdale) for the claimant.
||Kirk Reynolds QC (instructed by Reynolds Porter Chamberlain LLP) for the defendant.
||27 June 2007
Landlord and tenant - Rent - Review - Failure to comply with time limits - Presumption that time not of the essence - Whether proviso sufficient to displace presumption that time not of the essence in rent review clause.
Landlord and tenant Rent. In the instant case, where a proviso contained within a rent review clause provided that a failure to comply with the time-limits set therein would effectively deprive the defendant of the right to review the rent for the ensuing rental period, the court held that that proviso was sufficiently clear and unambiguous so as to have displaced the presumption that time was not of the essence. Accordingly, the defendant had lost the right to review the rent payable by the claimant for the ensuing seven year period.
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