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National Car Parks Ltd v Paternoster Consortium Ltd

Language: English Series: Estates Gazette ; (1990) 15 EG 53-58(4)Publication details: 1990Subject(s): Summary: ChD 9 June 1989. The tenants (N) wanted to renew their tenancy of a car park under Paternoster Square. The landlords (P) intended to redevelop the land they owned in the Square, although it would be sometime before they had secured vacant possession of other properties on the site and gained planning permission but it was probable that redevelopment would begin in the next ten years. The issue was from when the break clause included in the lease was to be operable. N claimed it should not be exercisable until planning consent and vacant posession of the other properties had been attained, while P believed it should be exercisable from the beginning of the lease. The court ruled in P`s favour.
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Law report London Journal article ABS42545 (Browse shelf(Opens below)) 1 Available 37529-1001

ChD 9 June 1989. The tenants (N) wanted to renew their tenancy of a car park under Paternoster Square. The landlords (P) intended to redevelop the land they owned in the Square, although it would be sometime before they had secured vacant possession of other properties on the site and gained planning permission but it was probable that redevelopment would begin in the next ten years. The issue was from when the break clause included in the lease was to be operable. N claimed it should not be exercisable until planning consent and vacant posession of the other properties had been attained, while P believed it should be exercisable from the beginning of the lease. The court ruled in P`s favour.