Bello v Ideal View

The case of Bello v Ideal View was a useful reminder for landlords of the potential consequences for a tenant where the tenant has previously ignored a rent review or the parties have failed to record a nil increase.

In Bello, a rent review due under a lease in 1994 was not pursued by the landlord until 2007. The tenant took no part in the rent review arbitration which followed and did not appeal against the new rent. After the determination of the revised rent by the arbitrator, and in accordance with the lease terms, the landlord claimed the increased rent due for the entire 13 year period between 1994 and 2007.

When the tenant failed to pay the sum owed, the landlord sought possession of the premises. The tenant's defence was based on limitation, given that the rent review had not been determined for 13 years. However, the Court dismissed this argument as the lease clearly provided that the increased rent was not due until after the determination by the