NYK Logistics (UK) Ltd v Ibrend Estates BV [electronic resource]
NYK Logistics (UK) Ltd v Ibrend Estates BV [electronic resource]
- 2011
[2011] EWCA Civ 683, 16 June 2011. Appellant tenant N appealed against a decision that it had not terminated a lease in April 2009 by exercising a right under a break clause and so was liable to pay rent to the respondent landlord I until the lease was validly terminated."Held": appeal dismissed. The break clause in N's lease requiring vacant possession of premises at the purported termination date was not correctly exercised, N having remained on the premises carrying out dilapidation repairs after the specified date. The requirement for vacant possession was not satisfied by the fact that N had no intention of excluding the landlord from access to and occupation of the premises during that time.
NYK LOGISTICS (UK) LTD v IBREND ESTATES BV
LAW OF PROPERTY ACT 1925 S53(1)(A)
England and Wales--1543-
[2011] EWCA Civ 683, 16 June 2011. Appellant tenant N appealed against a decision that it had not terminated a lease in April 2009 by exercising a right under a break clause and so was liable to pay rent to the respondent landlord I until the lease was validly terminated."Held": appeal dismissed. The break clause in N's lease requiring vacant possession of premises at the purported termination date was not correctly exercised, N having remained on the premises carrying out dilapidation repairs after the specified date. The requirement for vacant possession was not satisfied by the fact that N had no intention of excluding the landlord from access to and occupation of the premises during that time.
NYK LOGISTICS (UK) LTD v IBREND ESTATES BV
LAW OF PROPERTY ACT 1925 S53(1)(A)
England and Wales--1543-