ABSTRACT

Iceland Food pIc v Dangor and Others [2002] 21 EG 146 The lessor was required to serve a trigger notice not more than twelve months and not less than three months before the review date. Further, where the parties had failed to agree as to the revised rent then the market rent should be determined by a surveyor to be agreed upon in writing by the parties not less than one month before the due date. There was a default provision which directed that the trigger notice would be void if the landlord neglected to seek the appointment of an arbitrator within a specified time. The application had not been made. Nowhere was time described to be of the essence. However these directions could be described as clear CONTRA-INDICATIONS permitting an inference to be drawn to that effect.