Cases - First Property Growth Partnership LP v Royal & Sun Alliance Property Services Ltd

Record details

Name

First Property Growth Partnership LP v Royal & Sun Alliance Property Services Ltd

Date

[2003]

Citation

1 EGLR 39

Legislation

Arbitration Act 1996

Keywords

Commercial property – landlord and tenant – rent review – trigger notice – trigger notice to be served 'not more than twelve months' before the review date 'but not at any other time' – whether the trigger notice had to be served before the review date

Summary

The review clause provided for the landlord to serve a trigger notice 'not more than twelve months before' each review date, and went on to state 'but not at any other time'. The first phrase not only imposed an earliest date for serving the notice but also imposed a latest date, so the notice had to be served before the review date. The second phrase made time of the essence.