| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 111 (Apr) |
| Neutral Citation: | [2012] EWHC 884 (Ch) |
| Court: | Chancery Division |
| Judge: | Smith J |
| Representation | Stephen Jourdan QC (instructed by Macrae & Co LLP) for the claimant. |
| Katharine Holland QC (instructed by Squire Sanders (UK) LLP) for the defendant. | |
| Judgment Dates: | 4 April 2012 |
Catchwords
Landlord and tenant - Lease - Option to determine - Break clause - Break clause in parties underlease providing for notice, payment of all rent and vacant possession - Claimant tenant giving notice to determine under break clause - Defendant landlord invoicing quarter's rent and service charges - Claimant paying quarter's rent up to termination date - Claimant seeking declaration underlease determined on termination date - Claimant seeking summary judgment - Defendant counter-claiming - Whether claimant required to pay a full quarter's rent - Whether rent extending to include service charges - Whether permission to amend defence to counter-claim should be granted.
The Case
Landlord and tenant Lease. The Chancery Division, in refusing the claimant tenant summary judgment, held that the claimant had failed to comply with a break clause requiring payment of the quarter's rent by paying only the quarter's rent up to the termination date.
Practice Areas
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