| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 336 (Dec) |
| Neutral Citation: | [2004] EWCA Civ 1710 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Kennedy, Arden and Gage LJJ |
| Representation | Michael Barnes QC and James Ayliffe (instructed by Simmons & Simmons) for the claimant. |
| Kirk Reynolds QC (instructed by Hammonds) for the bank. | |
| Judgment Dates: | 21 December 2004 |
Catchwords
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.
The Case
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.
Practice Areas
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