NYK Logistics (UK) Ltd v Ibrend Estates BV [electronic resource]
Language: English Publication details: 2011Subject(s): Online resources: Summary: [2011] EWCA Civ 683, 16 June 2011. Appellant tenant N appealed against a decision that it had not terminated a lease in April 2009 by exercising a right under a break clause and so was liable to pay rent to the respondent landlord I until the lease was validly terminated."Held": appeal dismissed. The break clause in N's lease requiring vacant possession of premises at the purported termination date was not correctly exercised, N having remained on the premises carrying out dilapidation repairs after the specified date. The requirement for vacant possession was not satisfied by the fact that N had no intention of excluding the landlord from access to and occupation of the premises during that time.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 154668-2001 |
[2011] EWCA Civ 683, 16 June 2011. Appellant tenant N appealed against a decision that it had not terminated a lease in April 2009 by exercising a right under a break clause and so was liable to pay rent to the respondent landlord I until the lease was validly terminated."Held": appeal dismissed. The break clause in N's lease requiring vacant possession of premises at the purported termination date was not correctly exercised, N having remained on the premises carrying out dilapidation repairs after the specified date. The requirement for vacant possession was not satisfied by the fact that N had no intention of excluding the landlord from access to and occupation of the premises during that time.