Cases - Beegas Nominees Ltd v Decco Ltd

Record details

Name

Beegas Nominees Ltd v Decco Ltd

Date

[2003]

Citation

33 EG 63, ChD

Legislation

Landlord and Tenant Act 1954

Keywords

Commercial property – landlord and tenant – rent review – ascertainment of market value – presumption of reality - whether evidence of the rental value of certain other specified premises was evidence of the of the rental value of premises in a new and otherwise undeveloped business park.

Summary

The rent review clause in the lease of a unit on a new and otherwise undeveloped business park imposed an assumption that evidence of the rental value of certain other specified premises was evidence of the market value of the subject premises as if those other premises were situated in the same new park. It was relatively clear that this was intended to produce a level of rent commensurate with those other premises, and there was no justification for allowing the 'presumption of reality' to require an adjustment for the fact that those premises were in a better established trading centre.