| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 273 (Mar) |
| Court: | Chancery Division |
| Judge: | Pumfrey J |
| Representation | Jonathan Seitler (instructed by Denton Wilde Sapte, Milton Keynes) for the claimant. |
| The defendant did not appear and was not represented. | |
| Judgment Dates: | 19 March 2003 |
Catchwords
Landlord and tenant - Lease - Break clause - Exercise of option to terminate lease under break clause - Compliance with obligations condition precedent to termination under break clause - Construction.
The Case
On a true construction of the break clause in a lease, compliance by the tenant with its obligations under the lease was a condition precedent of bringing the lease to an end. On the evidence, there had been substantial breaches of the tenant's repairing obligations of the lease and the purported exercise of the break clause by the tenant had therefore been ineffective.
Practice Areas
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