Cases - Metrolands Investment Ltd v J H Dewhurst Ltd

Record details

Name

Metrolands Investment Ltd v J H Dewhurst Ltd

Date

(1985)

Citation

1 EGLR 125, CA

Legislation

Arbitration Act 1979

Keywords

Commercial property – rent review – break option exercisable at the 14th year by giving notice – rent review as at the end of the 14th year, if not agreed, to be determined by arbitration – whether the clear relationship between the time limits in the break option and the rent review clause was sufficient to rebut the presumption that time was not of the essence in respect of the date by which the arbitrator had to make his decision on the rent review

Summary

The lease contained a tenant's break option exercisable at the 14th year by giving between 3 and 6 months' prior notice. The rent review as at the end of the 14th year, if not agreed, had to be determined by arbitration at least 6 months before the review date. Notwithstanding that there was a clear relationship between the time limits in the rent review clause and those in the break clause, this was not sufficient to rebut the presumption that time was not of the essence in respect of the date by which the arbitrator had to make his decision on the rent review.