Bello v Ideal View [2009] EWHC 2808 (QB) (14 October 2009)

Bello v Ideal View [2009] EWHC 2808 (QB) (14 October 2009)

The tenant is bound by the arbitrator's award determining the rent; delay alone does not bar the landlord's claim where time is not of the essence; the arrears did not fall due until determined by arbitration and demanded, so the claim is not time-barred; and there is no evidence of estoppel or other equitable bar.

Citation
[2009] EWHC 2808 (QB)
Parties
Applicant/defendant: Adejola Bello; Respondent/claimant: Ideal View
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Appeal / Judgment on Appeal From County Court Possession Order
Outcome
Appeal dismissed
Legal Topics
Rent Review, Limitation Periods, Forfeiture for Rent Arrears, Arbitration, Estoppel, Delay and Laches
Landlord and Tenant Contract Law Property Law Rent Review Limitation Periods Forfeiture for Rent Arrears Arbitration Estoppel +1 more

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Parties

Adejola Bello

Applicant/defendant

Ideal View

Respondent/claimant

Procedural Posture

Appeal / Judgment on Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether delay in seeking rent review bars landlord's claim for higher rent
  2. 2 Whether arrears of rent are time-barred under section 19 of the Limitation Act 1980
  3. 3 Whether time was of the essence for rent review under the lease

Ratio Decidendi

The tenant is bound by the arbitrator's award determining the rent; delay alone does not bar the landlord's claim where time is not of the essence; the arrears did not fall due until determined by arbitration and demanded, so the claim is not time-barred; and there is no evidence of estoppel or other equitable bar.

Court Disposition

Appeal dismissed

Orders

  • Possession order stands
  • Tenant liable for rent arrears as determined by arbitration