| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 127 (Mar) |
| Neutral Citation: | [2012] EWHC 561 (Ch) |
| Court: | Chancery Division |
| Judge: | Newey J |
| Representation | Marilyn Kennedy-McGregor (instructed by B.D. Laddie) for the claimant. |
| David Holland QC (instructed by Howes Percival LLP) for the defendants. | |
| Judgment Dates: | 12 March 2012 |
Catchwords
Lease - Option - Option to renew - Claimant being sub-lessee of property owned by defendants - Lease containing option to extend lease for further 60-year - First defendant entering into mortgage with building society in respect of property - Building society taking possession property and selling underlease to claimant - Claimant seeking to exercise option to renew lease - Whether option to extend lease could be validly exercised - .
The Case
Lease Option. The Chancery Division held that a claimant proprietor of an underlease was entitled to be granted an extension lease in accordance with the terms of an option, which the defendants had granted to the first defendant. Consideration was given to whether an interest carved out of a superior leasehold or freehold interest constituted 'an interest reversionary,whether directly or indirectly' on the term of a lease for the purpose of s9(1) of the .
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