Source: All England Reporter
Publisher Citation: [2002] All ER (D) 303 (Jan)
Court: Court of Appeal, Civil Division

Aldous, Robert Walker and Keene LJJ

Representation Jonathan Brock QC (instructed by Maitland Walker, Minehead) for the claimant.
  Kim Lewison QC and Martin Rodger (instructed by Masons) for the defendants.
Judgment Dates: 31 January 2002


Landlord and tenant - Lease - Option to renew - Claimant claiming entitlement to five year lease under option - Defendants granting claimant 20 year lease - Whether breach of contract - Whether claimant compromising right to tenancy by accepting 20 year lease.

The Case

On an appeal by a landlord against a judge's decision to award substantial damages for the failure to allow the exercise of an option to renew a lease, the court held that although the judge had correctly identified that certain terms could survive following a breach of contract, he had failed to distinguish between past rights, which could survive, and future rights, which could not. On the facts of the instant case, the claimant had compromised his rights to claim damages for breach of contract by agreeing to enter into a new lease and accordingly was only entitled to nominal damages.

Practice Areas

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