Nissim & Ors v Ablethird Ltd [2009] EWHC 585 (Ch) (20 February 2009)

Nissim & Ors v Ablethird Ltd [2009] EWHC 585 (Ch) (20 February 2009)

Clause 6.3.9 requires the proviso to be disregarded in the hypothetical lease for rent review purposes, so the open market yearly rent is determined without the 25% uplift, which is then added to arrive at the Reserved Yearly Rent. The landlord's interpretation prevails.

Citation
[2009] EWHC 585 (Ch)
Parties
Claimant: David Nissim and others; Defendant: Ablethird Ltd
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Arbitration Related Application / Judgment on Question of Law Under Section 45 Arbitration Act 1996
Outcome
Declaration in favour of the landlord's interpretation; question of law determined as per landlord's submissions.
Legal Topics
Rent Review, Lease Interpretation, Arbitration Act 1996 Section 45
Property Law Landlord and Tenant Arbitration Rent Review Lease Interpretation Arbitration Act 1996 Section 45

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Parties

David Nissim and others

Claimant

Ablethird Ltd

Defendant

Procedural Posture

Arbitration Related Application / Judgment on Question of Law Under Section 45 Arbitration Act 1996

Legal Issues

  1. 1 Whether the proviso to clause 6.3 of the lease should be included or disregarded in determining the open market yearly rent for rent review purposes

Ratio Decidendi

Clause 6.3.9 requires the proviso to be disregarded in the hypothetical lease for rent review purposes, so the open market yearly rent is determined without the 25% uplift, which is then added to arrive at the Reserved Yearly Rent. The landlord's interpretation prevails.

Court Disposition

Declaration in favour of the landlord's interpretation; question of law determined as per landlord's submissions.

Orders

  • Declaration that the proviso to clause 6.3 is to be disregarded in determining the open market yearly rent for rent review purposes under the lease.