Coors Holdings Ltd v Dow Properties Ltd

Coors Holdings Ltd v Dow Properties Ltd

The phrase 'site comprised in the demised premises' in the lease, combined with the lessee's obligation to construct the public house at its own expense, sufficiently indicates that only the land, excluding buildings, should be valued for rent review purposes.

Parties
Claimant: Coors Holdings Limited; Defendant: Dow Properties Limited
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Civil / Judgment
Outcome
Declaration granted in favour of claimant; costs awarded to claimant excluding expert report costs; permission to appeal refused.
Legal Topics
Lease Construction, Rent Review, Valuation of Demised Premises
Property Law Landlord and Tenant Lease Construction Rent Review Valuation of Demised Premises

Case Brief

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Parties

Coors Holdings Limited

Claimant

Dow Properties Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether rent review provisions require valuation of land and buildings or land alone under the lease

Ratio Decidendi

The phrase 'site comprised in the demised premises' in the lease, combined with the lessee's obligation to construct the public house at its own expense, sufficiently indicates that only the land, excluding buildings, should be valued for rent review purposes.

Court Disposition

Declaration granted in favour of claimant; costs awarded to claimant excluding expert report costs; permission to appeal refused.

Orders

  • Declaration that rent review is to be based on land alone, excluding buildings.
  • Costs awarded to claimant, excluding cost of commissioning expert report.