Brown & Root Technology Ltd and another v Sun Alliance & London Assurance Co Ltd
Brown & Root Technology Ltd and another v Sun Alliance & London Assurance Co Ltd
- 1997
- Estates Gazette [1997] 18 EG 123-126(4) .
CA 19 December 1996. S granted B a lease of business premises for 25 years subject to 5 year reviews. Lease contained a break clause allowing B to determine lease at end of seventh year of term. In 1993 B became an owned subsidiary of second appellants (X) and B`s business assets were transferred to second appellant. B gave up possession of premises and X commenced paying rent to S. B then served notice under break clause. Court below held lease had been assigned and that break clause could not be implemented. B and X appealed. Appeal allowed.
ASSIGNMENT
BREAK CLAUSE
BROWN & ROOT TECHNOLOGY LTD V SUN ALLIANCE & LONDON ASSURANCE CO
LAND REGISTRATION ACT 1925
LEASES
OPTION TO DETERMINE
CA 19 December 1996. S granted B a lease of business premises for 25 years subject to 5 year reviews. Lease contained a break clause allowing B to determine lease at end of seventh year of term. In 1993 B became an owned subsidiary of second appellants (X) and B`s business assets were transferred to second appellant. B gave up possession of premises and X commenced paying rent to S. B then served notice under break clause. Court below held lease had been assigned and that break clause could not be implemented. B and X appealed. Appeal allowed.
ASSIGNMENT
BREAK CLAUSE
BROWN & ROOT TECHNOLOGY LTD V SUN ALLIANCE & LONDON ASSURANCE CO
LAND REGISTRATION ACT 1925
LEASES
OPTION TO DETERMINE