Cases - Brown v Gloucester City Council

Record details

Name

Brown v Gloucester City Council

Date

[1998]

Citation

1 EGLR 95 or 16 EG 137, CA

Legislation

Housing Act 1996

Keywords

Commercial property – landlord and tenant – rent review – hypothetical letting based on the letting of 5 separate buildings – where a rent review clause omitted to specify the length of term of the hypothetical letting, whether the term of each hypothetical lease should be such term as the landlord might reasonably be expected to grant and a tenant might reasonably be expected to take at the review date

Summary

The rent review clause in a 120 year building lease required the rent to be fixed on the basis of hypothetical lettings of five separate building units with vacant possession 'and upon such other terms as herein contained' but did not specify the length of term of the hypothetical lettings. The landlord successfully argued that the term of each hypothetical lease should be such term as the landlord might reasonably be expected to grant and a tenant might reasonably be expected to take at the review date (following Prudential Assurance v Salisburys Handbags [1992]).