||All England Reporter
|| All ER (D) 280 (May)
|| EWHC 1241 (Ch)
Charles Hollander QC sitting as a deputy judge of the High Court
||Jonathan Seitler QC and Rupert Reed (instructed by Hammonds) for the tenant.
||Edwin Johnson QC (instructed by Allen & Overy) for the landlord.
||28 May 2010
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.
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.
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