Two wrongs are made right: in a case in which both parties were held to have made a mistake in a rent review clause, the court orders the rectification of the rent review provision

Article Abstract:

The case of City of London Real Property Co Ltd v International Insurance plc focused on a rent review clause in a lease executed more than 20 years previously. The judge ruled that the parties' initial bargain had been for a lease that included a genuine upwards and downwards review.

Landlord and tenant, Landlord-tenant relations

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Reasons to be punctual

Article Abstract:

Cases which shed light on the concept of time being of the essence are discussed. Most recently, it was ruled that it was correct to decide that the presence of a deeming provision displaces the presumption that time is not of the essence.

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Surviving service

Article Abstract:

The case of Kinch v Bullard has drawn attention to issues relating to the service of notices. In this instance, the court had to decide whether a wife, who subsequently died, served a notice on her husband severing their joint tenancy of the matrimonial home. The husband died before receiving the notice, which the wife then destroyed. The judge rejected the argument of the wife's executors that there is no deemed service where ordinary post is used, and also ruled that service has taken place once physical delivery has been effected at the appropriate address.

Real Estate, Real Estate and Rental and Leasing, Interpretation and construction, Notice (Law)

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