Nissim & Ors v Ablethird Ltd

Nissim & Ors v Ablethird Ltd

Clause 6.3.9 of the lease requires the proviso (the 25% uplift) to be disregarded in the hypothetical lease for rent review purposes, so the open market yearly rent is assessed without reference to the uplift, and only after that is the 25% added to determine the Reserved Yearly Rent payable by the actual tenant.

Parties
Claimant: David Nissim and others; Defendant: Ablethird Ltd
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Arbitration Related Application (section 45 Arbitration Act 1996) / Judgment on Question of Law Arising in Arbitration
Outcome
Declaration granted in favour of the landlord's interpretation.
Legal Topics
Rent Review, Lease Interpretation, Arbitration Act 1996 Section 45
Landlord and Tenant Arbitration Contract 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 (section 45 Arbitration Act 1996) / Judgment on Question of Law Arising in Arbitration

Legal Issues

  1. 1 Whether the proviso to clause 6.3 of the lease is to be included or disregarded in determining the open market yearly rent under the rent review provisions.

Ratio Decidendi

Clause 6.3.9 of the lease requires the proviso (the 25% uplift) to be disregarded in the hypothetical lease for rent review purposes, so the open market yearly rent is assessed without reference to the uplift, and only after that is the 25% added to determine the Reserved Yearly Rent payable by the actual tenant.

Court Disposition

Declaration granted in favour of the landlord's interpretation.

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.