Cases - C & A Pensions Trustees Ltd v British Vita Investments Ltd

Record details

Name

C & A Pensions Trustees Ltd v British Vita Investments Ltd

Date

(1984)

Citation

2 EGLR 75

Legislation

Landlord and Tenant Act 1954

Keywords

Commercial property – landlord and tenant – rent review – lease provided that landlord would give authorisation for certain uses of a premises only if requested by the tenant –where the landlord unilaterally authorised the tenant to carry out certain activities, whether those activities could be taken into account for rent review purposes

Summary

The authorised use under the lease was such use as was permitted from time to time by the lessor and head lessor. At the request of the lessee, consent had been given for a very narrow range of uses for the production of car seats. Shortly prior to the rent review, the lessor wrote to the lessee unilaterally consenting to any light industrial, industrial or warehousing uses. The lessee successfully argued that this should be ignored for rent review purposes since the lease plainly contemplated that the lessor would only give authorisations for uses if requested by the lessee.