The Rent Review Specialist
Dates
Anniversary Dates
For anniversary dates, the general rule is that where a period is expressed to run "from" or after" a particular date, that date is excluded and the first day of the period is the following day - but general rule may be ignored if the document on its proper construction shows that the parties intended some other result to follow. For example, in Ladyman v Wirral Estates [1968] a lease created for a term of 3 years from 1 May 1963 with rent payable in advance from 1 May was clear indication that the parties intended the term to begin on that date.
A rent review date is not necessarily the whole day, but a moment in time between two dates. A “month” normally means "calendar month" (Interpretation Act 1978). References to something happening on a "day" or "date" are normally references to that thing happening at any time during the 24 hour period that constitutes that "day" or "date". Unless otherwise started in the lease, the term start and expiry dates is midnight on those days. With a 24-hour clock system, as distinct from a.m and p.m, midnight can be referred to as both 00:00 and 24:00, so the start of the term time would be 00:00 and the end time 24:00
A rent review date is not necessarily the whole day, but a moment in time between two dates. A “month” normally means "calendar month" (Interpretation Act 1978). References to something happening on a "day" or "date" are normally references to that thing happening at any time during the 24 hour period that constitutes that "day" or "date". Unless otherwise started in the lease, the term start and expiry dates is midnight on those days. With a 24-hour clock system, as distinct from a.m and p.m, midnight can be referred to as both 00:00 and 24:00, so the start of the term time would be 00:00 and the end time 24:00
Review dates
For some reason, best known to the world of lawyer-draftsmen, the phrasing in leases is often unbelievably convoluted. Commonly, review dates are not specified, such as 25 December 2006, 25 December 2011, but referred to as intervals such as 5th and 10th anniversaries, which is all very well provided it is clear from the wording of the lease from which each particular anniversary is computed.
Confusion can arise when, in the drafting of a lease, the draftsman uses the word ‘lease’ when referring to commencement dates for purpose of term, rent, and rent reviews. In modern leases, each expression or phrase will usually be defined in the lease so as to leave no scope for different interpretation, but where the draftsman does not, or phrasing or expression definitions are incomplete, and instead refers casually to the date of the lease, an ambiguity can arise where the lease states that rent reviews are at stated intervals during the term but the review dates themselves are calculated from commencement of the lease.
Anniversary dates in leases are often unspecified, referring to a period of time, rather than actual dates, so can cause interpretation problems, and particularly with rent review and/or break clause the wording of the lease may be critical for ensuring the validity of any notices. Judging by the volume of case-law concerning incorrect dates on notices, it is high time the habit of obliging the parties to calculate or interpret the appropriate dates for themselves is scrapped and instead the actual dates specified wherever possible. Having said that, it can sometimes pay to leave the actual review date unspecified.
Confusion can arise when, in the drafting of a lease, the draftsman uses the word ‘lease’ when referring to commencement dates for purpose of term, rent, and rent reviews. In modern leases, each expression or phrase will usually be defined in the lease so as to leave no scope for different interpretation, but where the draftsman does not, or phrasing or expression definitions are incomplete, and instead refers casually to the date of the lease, an ambiguity can arise where the lease states that rent reviews are at stated intervals during the term but the review dates themselves are calculated from commencement of the lease.
Anniversary dates in leases are often unspecified, referring to a period of time, rather than actual dates, so can cause interpretation problems, and particularly with rent review and/or break clause the wording of the lease may be critical for ensuring the validity of any notices. Judging by the volume of case-law concerning incorrect dates on notices, it is high time the habit of obliging the parties to calculate or interpret the appropriate dates for themselves is scrapped and instead the actual dates specified wherever possible. Having said that, it can sometimes pay to leave the actual review date unspecified.