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Hemingway Realty Limited v. The Clothworkers Company

DATE: 01 Jan 2005

Hemingway Realty Limited v. The Clothworkers' Company [2005] EWHC 299 (Ch); Times 15/3/05 Patten J

In this is important case for the law of rent review, Patten J had to decide whether a landlord could have a unilateral right to implement an "upwards-downwards" rent review clause, thereby making upwards only in practical effect. In finding that the landlord did have such a unilateral right, the Judge rejected the submission that, as a matter of the general law, there was a presumption that all rent review clauses are intended to vary the rent payable from time to time, in accordance with changes in the values of land and money.