Cases - Commission for the New Towns v R Levy & Co Ltd

Record details

Name

Commission for the New Towns v R Levy & Co Ltd

Date

(1990)

Citation

2 EGLR 121

Legislation

Landlord and Tenant Act 1954

Keywords

ommercial property – landlord and tenant – rent review – trigger notice – requirement that the trigger notice “shall specify the yearly rent” proposed by the landlord – where the trigger notice failed to specify the yearly rent proposed, whether the landlord had given a valid trigger notice

Summary

The lease provided that rent reviews were to be initiated by a trigger notice served by the landlord which 'shall specify the yearly rent' which the landlord proposed. A purported trigger notice from the landlord, which failed to specify a proposed rent, was invalid because the requirement in the review clause that the notice 'shall specify' the proposed rent was mandatory and not merely directory (and was to be distinguished from the decision in Chichester Cathedral v Lennards Ltd (1977)).