Cases - Pugh v Smiths Industries Ltd

Record details

Name

Pugh v Smiths Industries Ltd

Date

[1982]

Citation

2 EGLR 120 or 264 EG 822

Legislation

Arbitration Act 1979

Keywords

Commercial property – rent review – hypothetical letting – periodic rent review – where rent was reviewable to the rent obtainable on a letting for the residue of the term on the same provisions but excluding from it 'the provisions of this clause', whether this required rent to be assessed on a hypothetical letting without rent reviews

Summary

The rent reviews under a 23 year lease were at the end of the third and then at the end of every fifth year, but the review was to the rent obtainable on a letting for the residue of the term on the same lease provisions 'but excluding therefrom the provisions of this clause'. This unavoidably required rent to be assessed on a hypothetical letting without rent reviews.