Cases - Nunes and another v Davies Laing & Dick Ltd

Record details

Name

Nunes and another v Davies Laing & Dick Ltd

Date

(1986)

Citation

1 EGLR 106

Legislation

Landlord and Tenant Act 1954

Keywords

Commercial property – rent review – trigger notice – counter notice – whether a tenant’s letter stated to be a 'formal notice' was intended to be a counternotice electing to refer the rent review to independent determination

Summary

The tenant's agent's letter to the landlord, in response to a rent review trigger notice, stated that it was a 'formal notice' from the tenant and contained a counter proposal to the rent proposed in the trigger notice. That was a sufficient 'clear indication' to the landlord (being the test laid down in Amalgamated Estates Ltd v Joystretch Manufacturing Ltd (1980)) that the letter was intended to be a counternotice electing to refer the matter to independent determination, even though it did not expressly say so.