Cases - Pole Properties Ltd v Feinberg

Record details

Name

Pole Properties Ltd v Feinberg

Date

(1981)

Citation

43 P&CR 121, CA

Keywords

Commercial property - landlord and tenant – tenant to contribute to two-sevenths of heating costs for the premises –– extension of demised premises – whether there had been an alteration in the lease

Summary

A tenant's lease provided that he should contribute two-sevenths (based on floor area) of costs of providing heating to the demised premises. The building was joined with neighbouring premises and the heating system extended to include internal passages and common parts. Landlords sought to apply the two-sevenths calculation under the new conditions. It was held that there had been a radical change and that the court had to do what was fair and reasonable in the circumstances and it altered the lease so that a directly-heated volume basis of calculation should be applied.