Coors Holdings Ltd v Dow Properties Ltd [2006] EWHC 1862 (Ch) (04 May 2006)

Coors Holdings Ltd v Dow Properties Ltd [2006] EWHC 1862 (Ch) (04 May 2006)

The phrase 'site comprised in the demised premises' in the rent review clause, set against the factual background that the lessee constructed the building at its own expense, is sufficiently clear to exclude the buildings from the valuation for rent review purposes; only the land is to be valued.

Source-derived case information.

Citation
[2006] EWHC 1862 (Ch)
Parties
Claimant: Coors Holdings Limited; Defendant: Dow Properties Limited
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
CPR Part 8 Claim (construction of Lease/rent Review) / Judgment After Hearing
Outcome
Declaration granted in favour of the claimant; application for permission to appeal refused; costs awarded to claimant with exclusion of expert report costs.
Legal Topics
Lease Construction, Rent Review, Valuation of Demised Premises, Interpretation of Contractual Terms
Property Law Landlord and Tenant Lease Construction Rent Review Valuation of Demised Premises Interpretation of Contractual Terms

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Parties

Coors Holdings Limited

Claimant

Dow Properties Limited

Defendant

Procedural Posture

CPR Part 8 Claim (construction of Lease/rent Review) / Judgment After Hearing

Legal Issues

  1. 1 Whether the rent review provisions in the lease require the open market rental value to be determined by reference to land and buildings or land alone

Ratio Decidendi

The phrase 'site comprised in the demised premises' in the rent review clause, set against the factual background that the lessee constructed the building at its own expense, is sufficiently clear to exclude the buildings from the valuation for rent review purposes; only the land is to be valued.

Court Disposition

Declaration granted in favour of the claimant; application for permission to appeal refused; costs awarded to claimant with exclusion of expert report costs.

Orders

  • Declaration that for rent review purposes only the land (excluding buildings) is to be valued.
  • Costs awarded to claimant, excluding cost of expert report.