Deeming provisions in rent review clauses can rebut the time of the essence presumption | Practical Law

Deeming provisions in rent review clauses can rebut the time of the essence presumption | Practical Law

Starmark Enterprises Ltd v CPL Distribution Ltd, 31 July, 2001 (Court of Appeal).

Deeming provisions in rent review clauses can rebut the time of the essence presumption

Practical Law UK Legal Update 8-101-5394 (Approx. 4 pages)

Deeming provisions in rent review clauses can rebut the time of the essence presumption

by NATING GROUP
Law stated as at 03 Aug 2001England, Wales
This is an important landlord and tenant case. The Court of Appeal has overruled Mecca Leisure Ltd v Renown Investments (Holdings) Ltd.
An express deeming provision in a rent review clause which sets out what should happen if a counter-notice is not served within the time limits prescribed by the lease, is sufficient to rebut the presumption that time is not of the essence.