Landlord and tenant: break clause
Landlord and tenant: break clause
- 1997
- Estates Gazette Case Summaries [1997] EGCS 97 (28/6/97) .
"Nocton Ltd v Water Hall Group" ChD 19 June 1997. The owner of a quarry granted a lease to a tenant containing a clause entitling the tenant to break the lease when all limestone `capable of extraction has been removed`. Once the limestone became uneconomical to extract the tenant gave notice. The tenant contended that `capable of extraction` meant economically rather than physically capable. Judgment for the landlord.
BREAK CLAUSE
NOCTON LTD V WATER HALL GROUP PLC
QUARRY
"Nocton Ltd v Water Hall Group" ChD 19 June 1997. The owner of a quarry granted a lease to a tenant containing a clause entitling the tenant to break the lease when all limestone `capable of extraction has been removed`. Once the limestone became uneconomical to extract the tenant gave notice. The tenant contended that `capable of extraction` meant economically rather than physically capable. Judgment for the landlord.
BREAK CLAUSE
NOCTON LTD V WATER HALL GROUP PLC
QUARRY