Richard warns against glossing over rent review provisions, specifically to look out for aggregating rent reviews with the recent Court of Appeal judgment on Monsolar IQ Ltd v Woden Park. With the discussion of a variety of cases, Richard stresses that whilst the Supreme Court in 2009 decided the courts can rewrite the clause if it leads to a commercial absurdity, there is still a possibility that if there is no ambiguity in the clause, the court could have easily ruled in the favour of the landlords – no matter if it negatively impacts one party.
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