Landlord and tenant

Rent review

Elmfield Road Ltd v Trillium (Prime) Property GP Ltd

  • Court of Appeal (Civil Division)
  • 4 July 2018
  • Lewison and Leggatt LJJ
  • [2018] EWCA Civ 1556
  • [2018] EGLR 35

Landlord and tenant – Commercial lease – Rent review clause – Construction – Parties seeking determination of proper interpretation of rent review clause providing for review by reference to retail prices index rather than market rents – Court giving judgment for respondent landlord – Tenant appealing – Whether lease containing error in formula for rent review – Appeal dismissed

The respondent’s predecessor in title let the property known as Unicorn House, Bromley to the appellant’s predecessor for a term of 25 years from 25 March 1985. The lease provided for an upwards-only review to the open market rent

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