Break clause
Break clause
- 1996
- Estates Gazette Case Summaries [1996] EGCS 62(1) (13/04/96) .
"Dun & Bradstreet Software Services (England) Ltd and another v Provident Mutual Life Assurance Association" ChD 2 April 1996. Three leases executed by D for parts of a premises. All leases included by reference, the tenants break clause. In 1990, D became a wholly owned subsidiary of B. Assignment of the leases never took place. B later addressed notice to P for operation of the break clause. Invalidity became apparent too late and B paid rent after the deadline. P sought declaration that all leases had determined on 24 June 1995. B counterclaimed double rent pursuant to Distress for Rent Act 1737 and double value pursuant to the Landlord and Tenant Act 1730. Judgment for B.
ASSIGNMENT OF LEASES
BREAK CLAUSES
DISTRESS FOR RENT ACT 1737
DUN & BRADSTREET SOFTWARE SERVICES (ENGLAND) LTD AND ANOTHER V PROVIDE
LANDLORD AND TENANT ACT 1730
LEASES
TERMINATION
"Dun & Bradstreet Software Services (England) Ltd and another v Provident Mutual Life Assurance Association" ChD 2 April 1996. Three leases executed by D for parts of a premises. All leases included by reference, the tenants break clause. In 1990, D became a wholly owned subsidiary of B. Assignment of the leases never took place. B later addressed notice to P for operation of the break clause. Invalidity became apparent too late and B paid rent after the deadline. P sought declaration that all leases had determined on 24 June 1995. B counterclaimed double rent pursuant to Distress for Rent Act 1737 and double value pursuant to the Landlord and Tenant Act 1730. Judgment for B.
ASSIGNMENT OF LEASES
BREAK CLAUSES
DISTRESS FOR RENT ACT 1737
DUN & BRADSTREET SOFTWARE SERVICES (ENGLAND) LTD AND ANOTHER V PROVIDE
LANDLORD AND TENANT ACT 1730
LEASES
TERMINATION