Ocean Accident and Guarantee Corporation v Next Plc ; Commercial Union Assurance Company Plc v Next Plc
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1995 |
| Date | 05 December 1995 |
| Court | Chancery Division |
Chancery Division
Landlord and tenant - rent review - trade fixtures do not enhance rent
Trade fixtures affixed to commercial premises by a tenant would not normally enhance the rent on a rent review.
Mr Stanley Brunton, QC, sitting as a deputy judge of the Chancery Division, so held on November 23 when allowing an appeal pursuant to section 1(2) of the Arbitration Act 1979 by Next plc, the tenant, from an award in favour of the landlords, the Ocean Accident and Guarantee Corporation, made by Mr Thomas Evans in respect of the lease of a shop in Llandudno; and in dismissing an appeal by the landlords, Commercial Union Assurance Company plc, from an award in favour of Next made by Mr M J Postlethwaite in respect of a shop in Bangor.
HIS LORDSHIP said that on a rent review, in the absence of express provisions to the contrary, any improvements or alterations were to be taken into account, irrespective of who effected them; but the parties would not expect the reviewed rent to be increased...
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Arbitration Application No. 2 Of 2011 V. An Appeal Against An Arbitration Award On Grounds Of Legal Error
...delay in the tenant getting access to the Premises and making use of them: see The Ocean Accident and Guarantee Corporation v Next plc [1996] 2 EGLR 84. It was to be assumed that the tenants could go in immediately and make use of them, e.g. by installing their own equipment. Applying this ......