Cases - Braid v Walsall Metropolitan Borough Council

Record details

Name
Braid v Walsall Metropolitan Borough Council
Date
(1999)
Citation
78 P&CR 94, CA
Legislation
Keywords
Commercial property – landlord and tenant – rent review – rent review clause provided for the review to be based on “a reasonable rent for the land” – whether the rent review was to be based on a letting of a bare site
Summary

A long building lease defined the 'demised premises' as 'the piece of land hereby demised together with the buildings and works constructed thereon in accordance with the covenants herein contained and all other authorised additions thereto'.

The rent was to be reviewed to 'a reasonable rent for the land for the appropriate period' and was otherwise fairly rudimentary. By the time of the first review, buildings had been erected in accordance with the tenant's obligations. Because the review clause specifically referred to 'the land' rather than 'the demised premises', the review was to be based on a letting of a bare site.