Break notice
Break notice
- 1998
- Estates Gazette [1998] EGCS 101 (3/07/1998) .
"Garston and ohters v Scottish Widows Fund & Life Assurance Society" CA 25 June 1998. Appellant lessees occupied office premises under a lease dated 1985, for a twenty year term. A break clause entitled them to terminate the lease at the end of the 10th year. Lessees sent lessors two notices: the first operating the break clause; the second requesting a new tenancy. Held in ChD judgement that neither notice was effective as the lessee had treated the date of the grant as the start date of the term. Lessees appealed in light of the decision in "Mannai v Eagle Star Assurance" that the contractual notice could no longer be held invalid. Appeal allowed.
BREAK CLAUSE
CONTRACTUAL NOTICE
GARSTON AND OTHERS V SCOTTISH WIDOWS FUND AND LIFE ASSURANCE SOCIETY
LANDLORD AND TENANT ACT 1954 S26
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
NEW TENANCY
TERMINATION OF LEASE
"Garston and ohters v Scottish Widows Fund & Life Assurance Society" CA 25 June 1998. Appellant lessees occupied office premises under a lease dated 1985, for a twenty year term. A break clause entitled them to terminate the lease at the end of the 10th year. Lessees sent lessors two notices: the first operating the break clause; the second requesting a new tenancy. Held in ChD judgement that neither notice was effective as the lessee had treated the date of the grant as the start date of the term. Lessees appealed in light of the decision in "Mannai v Eagle Star Assurance" that the contractual notice could no longer be held invalid. Appeal allowed.
BREAK CLAUSE
CONTRACTUAL NOTICE
GARSTON AND OTHERS V SCOTTISH WIDOWS FUND AND LIFE ASSURANCE SOCIETY
LANDLORD AND TENANT ACT 1954 S26
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
NEW TENANCY
TERMINATION OF LEASE