Business tenancy – rent review – proper interpretation of review clause – retail prices index – mistake – correction by construction


Elmfield Road Ltd v Trillium Property GP Ltd [2016] EWHC 3122 (Ch) (Mr David Halpern QC sitting as a deputy High Court Judge) (8 December 2016)


This case concerned the interpretation of a rent review clause, but unlike previous authorities it arose from a materially different factual context. The case brought out the heavy guns in the form of Mr Timothy Fancourt QC for the claimant landlord and Mr Timothy Dutton QC for the defendant tenant.