Cases - Beer v Bowden

Record details

Beer v Bowden
41 P&CR 317, CA
Commercial property – landlord and tenant – rent review – implied terms – where the parties agreed that the rent shall be agreed between them, and made no provision for reference to a third party, whether there would be a term implied that a 'fair' rent would be fixed

The rent review was to be to 'such rent as shall thereupon be agreed between the landlords and the tenant but no account shall be taken of any improvements carried out by the tenant in computing the amount of any increase'. There was no other valuation formula and no provision for third party determination if the parties failed to agree. This did not make the clause ineffective, since it was to be implied that a 'fair' rent was to be fixed and the court would determine the rent if the parties failed to agree.