Cases - Lex Services plc v Oriel House BV

Record details

Name

Lex Services plc v Oriel House BV

Date

[1991]

Citation

2 EGLR 126 or 39 EG 139

Keywords

Commercial property – rent review – arbitrator - whether the rent review clause imposed an assumption that the premises were “fit for immediate occupation and use” at the review date – in construing the rent review clause, whether the arbitrator should take into account certain admitted defects in the property – whether the arbitrator had made an error

Summary

The rent review clause imposed an assumption that the premises were 'fit for immediate occupation and use' at the review date. The arbitrator interpreted 'fit' to mean that he should ignore the presence of certain admitted inherent defects in the property. The tenant argued that the arbitrator had made an obvious error, but the judge held that not even a strong prime facie case of error had been made out.