Cases - Shirlcar Properties Ltd v Heinitz and another

Record details

Name

Shirlcar Properties Ltd v Heinitz and another

Date

(1982)

Citation

266 EG 126

Keywords

Commercial property – rent review – trigger notice – where a letter stating the rent payable from the review date was marked “subject to contract”, whether this was an effective trigger notice

Summary

A letter to the tenant from the landlord's agent, stating the rent that the landlord required to be payable from the review date, was not an effective trigger notice under the review clause because beneath the signature the words 'subject to contract' appeared in capital letters and the letter had been sent more than two months before the date by which a trigger notice had to be given. These indicated that the letter was the opening shot in negotiations and did not make clear that it was to be the formal trigger notice.