Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd
Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd
- 1997
- Estates Gazette [1997] 24 EG 122-131; [1997] 25 EG 138-142(15) .
HL 21 May 1997. The tenant (E) held two leases for a 10-year term from the landlord (M). In each lease it stated that the tenant might determine the lease by serving a notice of not less than six months expiring on the 3rd anniversary of the commencement date. E served notices expiring on 12 January 1995. M claimed that as the commencement date was 13 January 1992 these were ineffective. This was upheld up CA and E appealed. This was allowed by HL on the grounds that the purpose of a notice under a break clause must not be lost sight of. In this case it was obvious what the intention of the notice had been and a reasonable recipient would not have been perplexed by the minor error. It was also held that the rigid rule in "Hankey v Clavering" (1942 2 KB 326) should be replaced by that in "Carradine Properties Ltd v Aslam" (1976 1 WLR 442).
BREAK CLAUSES
CAR PARKS
CARRADINE PROPERTIES LTD V ASLAM
COMMENCEMENT DATE
DETERMINATION OF LEASE
EXPIRY DATE
HANKEY V CLAVERING
NOTICE PERIOD
SERVING NOTICES
TIME LIMITS
HL 21 May 1997. The tenant (E) held two leases for a 10-year term from the landlord (M). In each lease it stated that the tenant might determine the lease by serving a notice of not less than six months expiring on the 3rd anniversary of the commencement date. E served notices expiring on 12 January 1995. M claimed that as the commencement date was 13 January 1992 these were ineffective. This was upheld up CA and E appealed. This was allowed by HL on the grounds that the purpose of a notice under a break clause must not be lost sight of. In this case it was obvious what the intention of the notice had been and a reasonable recipient would not have been perplexed by the minor error. It was also held that the rigid rule in "Hankey v Clavering" (1942 2 KB 326) should be replaced by that in "Carradine Properties Ltd v Aslam" (1976 1 WLR 442).
BREAK CLAUSES
CAR PARKS
CARRADINE PROPERTIES LTD V ASLAM
COMMENCEMENT DATE
DETERMINATION OF LEASE
EXPIRY DATE
HANKEY V CLAVERING
NOTICE PERIOD
SERVING NOTICES
TIME LIMITS