Not exact matches
The Court
of Appeal allowed the tenant's appeal on the apparently broad grounds that a
lease could
only be excluded from LTA 1954 if it was for a
term of years certain and the words
of extension in cl 1
of the
lease in question, including any period
of holding
over or extension in the definition
of «the
term», meant that the
lease did not create a
term of years certain.
Critical to the decision
of the Court
of Appeal was the wording
of cl 1
of the
lease which set out the
term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the
term» which expression shall include any period
of holding
over or extension
of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the
only substantive judgment in the case, referred to the words in brackets in this clause as «the words
of extension».
A valuator will want to examine the accounts
of the tenant (or tenants) to see how financially sound they are Think
of a valuator as a nicer version
of your bank manager - the latter
only looks to see if you can repay him, but the valuator will check if the tenant can repay you and he does this through a knowledge
of accounting and business acumen, how businesses produce income and how stable that income will be
over the
term of the
lease.