| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 280 (May) |
| Neutral Citation: | [2010] EWHC 1241 (Ch) |
| Court: | Chancery Division |
| Judge: | Charles Hollander QC sitting as a deputy judge of the High Court |
| Representation | Jonathan Seitler QC and Rupert Reed (instructed by Hammonds) for the tenant. |
| Edwin Johnson QC (instructed by Allen & Overy) for the landlord. | |
| Judgment Dates: | 28 May 2010 |
Catchwords
Landlord and tenant - Lease - Option to determine - Break clause - Defendant landlord holding property on trust for unit trust - Parties entering into agreement for lease of property with break clause - Agreement providing notice to terminate lease pursuant to break clause not deemed to be validly served unless tenant also serving copy on property manager - Tenant purporting to serve notice on property manager on last day for exercise of break clause - Whether break clause validly exercised.
The Case
Landlord and tenant Lease. On the application by the claimant tenant for declarations that the break notice in a lease agreement was effective, the Chancery Division decided that the tenant's claim would be dismissed, and that the defendant landlord was entitled to a declaration that the break notice had not been effective on the basis that the break clause had not been validly exercised by the tenant.
Practice Areas
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