Cases - Lynnthorpe Enterprises Ltd v Sydney Smith (Chelsea) Ltd
Record details
- Name
- Lynnthorpe Enterprises Ltd v Sydney Smith (Chelsea) Ltd
- Date
- [1990]
- Citation
- 2 EGLR 131, CA
- Legislation
- Keywords
- Commercial property – rent review – clause required rent to be review on the hypothesis of a letting for 'a term of years equivalent to the said term' and subject to the same covenants and conditions as in the lease – variation of lease by deed – whether the hypothetical term was to be interpreted as meaning the actual term of the lease and the covenants and conditions of the lease were taken to be those as those of the original lease as varied by the deed of variation
- Summary
-
The rent review clause required rent to be reviewed on the hypothesis of a letting 'for a term of years equivalent to the said term' and subject to the same covenants and conditions as in the lease. The term of the lease was 15 years from the date of the lease. The lease had been varied by a deed of variation.
In accordance with the presumption of reality, the stated hypothetical term was to be interpreted as meaning the actual term of the lease (in other words, the unexpired residue and not a fresh term of 15 years from the review date) and the covenants and conditions of the lease were to be taken as those of the original lease as varied by the deed of variation.