Wilderbrook Ltd v Oluwu

Wilderbrook Ltd v Oluwu

The proviso in paragraph 13 of the rent review schedule is insufficiently clear to rebut the presumption that time is not of the essence for service of a counter-notice; therefore, the tenant was not deemed to have agreed to the new rent by serving a late counter-notice. Receipt of the rent review notice occurred...

Source-derived case information.

Parties
Appellant: Wilderbrook Ltd; Respondent: Oluwu
Jurisdiction
England and Wales
Judgment Date
16 November 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rent Review Clauses, Time of the Essence, Service and Receipt of Notices
Landlord and Tenant Contract Law Rent Review Clauses Time of the Essence Service and Receipt of Notices

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Parties

Wilderbrook Ltd

Appellant

Oluwu

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the proviso in paragraph 13 of the rent review schedule overrides the deeming provision in paragraph 2, making time not of the essence for service of a counter-notice.
  2. 2 Whether 'receipt' of the rent review notice means delivery at the premises or actual notice by the tenant or agent.

Ratio Decidendi

The proviso in paragraph 13 of the rent review schedule is insufficiently clear to rebut the presumption that time is not of the essence for service of a counter-notice; therefore, the tenant was not deemed to have agreed to the new rent by serving a late counter-notice. Receipt of the rent review notice occurred upon delivery at the demised premises, not when the tenant or agent actually saw it.

Court Disposition

appeal dismissed