Cases - Ritz Hotel (London) Ltd v Ritz Casino Ltd
Record details
- Name
- Ritz Hotel (London) Ltd v Ritz Casino Ltd
- Date
- [1989]
- Citation
- 2 EGLR 135 or 46 EG 95
- Legislation
- Keywords
- Commercial property – rent review – hypothetical letting – lease made provision for no account to be taken of the “turnover or profits of the business carried on by the Tenant in the demised premises” and that at the review date will immediately be able to obtain a licence under the Gaming Acts – whether the lease prevented account being taken of the profitability of the business – whether the lease was intended to refer to the hypothetical willing lessee
- Summary
-
The review clause in the lease of a casino contained a direction that no account was to be taken 'of the turnover or profits of the business carried on by the Tenant in the demised premises' and imposed an assumption that at the review date 'the Tenant ... will immediately be able to obtain a Licence under the Gaming Acts'. The former did not prevent account being taken of the profitability of casino businesses generally and the latter, although referring to 'the Tenant', was plainly intended to refer to the hypothetical willing lessee.