Cases - Dennis & Robinson Ltd v Kiossos Establishment
Record details
- Name
- Dennis & Robinson Ltd v Kiossos Establishment
- Date
- (1987)
- Citation
- 282 EG 857, CA
- Legislation
- Keywords
- Commercial property – landlord and tenant – rent review – review based on the open market – whether a review based on the open market by implication assumed that there was a willing lessor and a willing lessee
- Summary
-
A lease of industrial premises required the rent to be reviewed to 'the yearly rent ... at which the property might reasonably be expected to be let in the open market ...' but did not expressly refer to a willing lessor or a willing lessee. Because the clause required the assumption of a letting taking place in the open market, it had by implication to be assumed that there was both a willing lessor and a willing lessee, although it should not be assumed that the willing lessee would pay more for the premises than the market required. If the state of the market and the condition of the premises justified it, the market rent could be a very low or nominal rent.