Humber Oil Terminals Trustee Ltd (HOTT) v Associated British Ports (ABP)

Humber Oil Terminals Trustee Ltd (HOTT) v Associated British Ports (ABP)

The interim rent must be calculated by reference to the DRC-based annual rent for the jetty structure plus a fair share of the net savings from the ship and goods dues exemption, disregarding tenant-installed works, and reduced by 10% for the yearly tenancy. The first section 25 notice was invalid as it specified a date before the lease expiry; the second notice was valid, so interim rent runs from 8 April 2010.

Parties
Claimant: Humber Oil Terminals Trustee Limited; Defendant: Associated British Ports
Jurisdiction
England and Wales
Judgment Date
18 May 2012
Procedural Posture
Business Tenancy Dispute / Judgment on Interim Rent and Notice Validity
Outcome
Interim rent determined; notice validity resolved.
Legal Topics
Interim Rent, Lease Termination, Ship and Goods Dues, Statutory Interpretation, Tenant's Fixtures, Depreciated Replacement Cost Valuation
Landlord and Tenant Commercial Property Competition Law Interim Rent Lease Termination Ship and Goods Dues Statutory Interpretation Tenant's Fixtures +1 more

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Parties

Humber Oil Terminals Trustee Limited

Claimant

Associated British Ports

Defendant

Procedural Posture

Business Tenancy Dispute / Judgment on Interim Rent and Notice Validity

Legal Issues

  1. 1 What is the reasonable interim rent payable by HOTT for the Oil Jetty and pipeline easement under section 24D of the Landlord and Tenant Act 1954?
  2. 2 What is the correct commencement date for interim rent under the Oil Jetty Lease?
  3. 3 Is the exemption from ship and goods dues in clause 6(a) of the Oil Jetty Lease relevant to the interim rent calculation?

Ratio Decidendi

The interim rent must be calculated by reference to the DRC-based annual rent for the jetty structure plus a fair share of the net savings from the ship and goods dues exemption, disregarding tenant-installed works, and reduced by 10% for the yearly tenancy. The first section 25 notice was invalid as it specified a date before the lease expiry; the second notice was valid, so interim rent runs from 8 April 2010.

Court Disposition

Interim rent determined; notice validity resolved.

Orders

  • Interim rent payable by HOTT for the Oil Jetty is £14,800,306 per annum.
  • Interim rent payable by HOTT for the pipeline easement in the Oil Depot Lease is £500,000 per annum.