Amika Ltd v Fitzroy Place Residential Ltd
[2021] EWHC 25 (Ch) · High Court · 2021
The question
How should the court fix the rent and other terms of the new tenancy where the market has moved between notice and trial?
What was held
By applying the statutory assumptions and disregards to a hypothetical letting at the valuation date, on comparable evidence — not by reference to the parties' expectations when the notice was served.
For a landlord
Marshal comparables close to the valuation date, and justify any change of terms under the O'May burden.
For a tenant
In a falling market, delay can help you; in a rising one it hurts. Model the valuation date before choosing your pace.
The provisions this turns on
Apply it to your matter
Read alongside this
- B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd[2023] EWHC 2495 (Ch)
- W (No.3) GP (Nominee A) Ltd & anor v JD Sports Fashion plcNottingham County Court, 22 October 2021 (E00DE178)
- Old Street Retail Trustee (Jersey) Ltd v GB Healthcare LtdUnreported, County Court at Central London, 18 November 2022 (G02CL960)
- Dukeminster Ltd v West End Investments (Cowell Group) LtdCounty Court, 2018 (reported in practitioner briefings)
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.