Barclays Bank Plc v Savile Estates Ltd [2002] EWCA Civ 589 (19 April 2002)

Barclays Bank Plc v Savile Estates Ltd [2002] EWCA Civ 589 (19 April 2002)

A term should be implied into the lease requiring the landlord to apply for a rent review within a reasonable time to give business efficacy to the agreement. The tenant's notice of 1st September 2000 was effective to make time of the essence, and the period given was reasonable. The landlord's failure to act within that period entitled the tenant to the declaration sought.

Citation
[2002] EWCA Civ 589
Parties
Claimant/appellant: Barclays Bank Plc; Defendant/respondent: Savile Estates Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2002
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Implied Terms, Rent Review, Time of the Essence, Lease Construction
Landlord and Tenant Contract Law Implied Terms Rent Review Time of the Essence Lease Construction

Case Brief

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Parties

Barclays Bank Plc

Claimant/appellant

Savile Estates Limited

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a term should be implied into the lease requiring the landlord to apply for rent review within a reasonable time
  2. 2 Whether the tenant could make time of the essence by notice
  3. 3 Whether the notice given by the tenant was effective to make time of the essence

Ratio Decidendi

A term should be implied into the lease requiring the landlord to apply for a rent review within a reasonable time to give business efficacy to the agreement. The tenant's notice of 1st September 2000 was effective to make time of the essence, and the period given was reasonable. The landlord's failure to act within that period entitled the tenant to the declaration sought.

Court Disposition

Appeal allowed

Orders

  • Orders of the judge and Master set aside
  • Declaration made as set out on page 35 of the appeal bundle