Estoppel still a "Shield" not a "Sword" and Time is "of the Essence" of a Rent Review Date

Wednesday 25 April 2007

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"(1) Estoppel still a "Shield" not a "Sword" and

(2) Time is "of the Essence" of a Rent Review Date

These two important principles of the common law were upheld today in the House of Lords. In Riverside Housing Association v White the House rejected a landlord's claim that the normal presumption that "time was not of the essence" applied to a rent review date in a lease.

It also declined to review the law on estoppel leaving it as applied by the Court of Appeal. Instead, the appeal was disposed of (in the landlord's favour) on a generous construction of a poorly drafted individual tenancy agreement.

Jan Luba QC appeared for the tenants with Adam Fullwood of Garden Court North. For a copy of the judgment click here

 jan l

JAN LUBA QC

 

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