||All England Reporter
|| All ER (D) 336 (Dec)
|| EWCA Civ 1710
||Court of Appeal, Civil Division
Kennedy, Arden and Gage LJJ
||Michael Barnes QC and James Ayliffe (instructed by Simmons & Simmons) for the claimant.
||Kirk Reynolds QC (instructed by Hammonds) for the bank.
||21 December 2004
Landlord and tenant - Lease - Assignment - Tenant assigning lease to claimants - Grant of option by which claimants might require tenant to take property back by way of an assignment - Exercise of option.
A put option in an agreement accompanying, but separate from, a lease, could be exercised if the lease had not been vested throughout in all three lessees, if it had been re-assigned back to the three companies by the date of the exercise of the option. That reassignment had not occurred in the instant case.
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