Cases - Amalgamated Estates Ltd v Joystretch Manufacturing Ltd
Record details
- Name
- Amalgamated Estates Ltd v Joystretch Manufacturing Ltd
- Date
- (1980)
- Citation
- 257 EG 489, CA
- Legislation
- Keywords
- Commercial property – landlord and tenant – rent review – trigger notice – counter notice – whether the landlord had given a valid notice – whether the tenant had given a valid counter notice
- Summary
-
A landlord's trigger notice proposed a rent which allegedly was far in excess of a bona fide and genuine pre-estimate of the open market rental value. This did not invalidate the notice since the review clause did not make that a requirement for the rent that the landlord could propose and no such requirement was to be implied. However, the tenant's letter in response, objecting to that rent and asking for an explanation of how it had been arrived at, was not a valid counternotice because the review clause expressly required the counternotice to show that the tenant wished to refer the matter to third party determination and the tenant's letter did not give the landlord a clear indication of this.