Bass Holdings Ltd v Morton Music Ltd
Bass Holdings Ltd v Morton Music Ltd
- 1986
- Estates Gazette 280(6315) 20 December 1986,1435-1442(5) .
ChD 30 July 1986. Landlords sought declarations that because of breaches of covenant, the tenants(T) were not entitled to exercise an option to renew a lease of premises at Westcliff-on-sea,Essex. In 1982 T had taken a 15-year lease of a hotel from the landlord. An option entitled T to renew the lease for a term of 125 years and was conditional upon T having paid the rent and having "performed and observed the covenants...". In 1985 T served notice on the landlord to take up its option. The landlords would not accept the request. The matter went to court; the landlords claimed that T had not "performed and observed" covenants. One covenant provided that T should not apply for planning permission without landlords consent. On two occasions T had done so although both were refused. It was held that these applications were sufficient to show that T had not "performed and observed" the covenants and that these breaches had negated T right to exercise the option to renew . Judgment for la
BREACH OF COVENANT
BUSINESS TENANCIES
LEASES
RENEWAL
ChD 30 July 1986. Landlords sought declarations that because of breaches of covenant, the tenants(T) were not entitled to exercise an option to renew a lease of premises at Westcliff-on-sea,Essex. In 1982 T had taken a 15-year lease of a hotel from the landlord. An option entitled T to renew the lease for a term of 125 years and was conditional upon T having paid the rent and having "performed and observed the covenants...". In 1985 T served notice on the landlord to take up its option. The landlords would not accept the request. The matter went to court; the landlords claimed that T had not "performed and observed" covenants. One covenant provided that T should not apply for planning permission without landlords consent. On two occasions T had done so although both were refused. It was held that these applications were sufficient to show that T had not "performed and observed" the covenants and that these breaches had negated T right to exercise the option to renew . Judgment for la
BREACH OF COVENANT
BUSINESS TENANCIES
LEASES
RENEWAL