AWG Group Ltd v HCP II Properties 101 GP Ltd

Landlord and tenant – Rent review – Waiver. Court of Session: In an action in which the tenant of commercial property sought declarator that the landlord was not entitled to seek a rent review as at 27 February 2014 because it had waived its right to seek such a review, the court held that the inference that the landlord abandoned the right to insist on its contractual right to a 2014 rent review could not properly be drawn from the conduct on which the pursuer relied and it followed that the pursuer's averments of waiver were irrelevant and the action should be dismissed.

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