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Lancescrest Ltd v Dr Ganiyu Asiwaju [2005] EWCA Civ 117

Counter notices – Delay – Rent reviews – Service – Time – Validity – Late service of trigger notice for rent review – Time not of essence – Valid counter notice – Trigger notices

25 February 2005

Summary Where a trigger notice for a rent review was served over a year after the rent review date, it was nonetheless valid where time was not of the essence of the time limit in the rent review clause relating to the trigger notice. The appellant tenant (D) appealed against a decision in relation to a rent review clause. D had been granted a 12-year lease from 5 February 1997 at a rent. The lease contained provisions for rent review at the end of every four years. On 19 February 2002, 54 weeks after the first review date, the respondent landlords (L) gave D notice that the basic rent from the review date of 5 February 2001 was £30,000 per annum. D replied by letter that the notice was invalid as the terms of the lease required one-year notice of any rent review. L asserted that the rent review provisions in the lease had been properly implemented because the rent review clause contained no time limit by which a trigger notice had to be served. Thereafter a revie...

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