Development lease – rent review – construction

Martineau Galleries No.1 Ltd & another v Birmingham City Council [2013] EWHC 3018 (Ch) (HHJ Purle QC) (20 August 2013)

This case concerned an interesting point of construction of the rent review provisions of a development lease of commercial premises in Birmingham. The judge was asked to consider the proper construction of the review provisions to give guidance to the valuer on the approach to adopt. In essence the two issues were whether there was the obligation to assume vacant possession of the demised premises or whether regard was to be had to the terms of the sub-let parts and whether vacant parts of the demised premises were to be valued as a whole or in parts, eg on a floor-by-floor basis.