Bass Holdings Ltd v Morton Music Ltd
Language: English Series: Estates Gazette ; 280(6315) 20 December 1986,1435-1442(5)Publication details: 1986Subject(s): Summary: ChD 30 July 1986. Landlords sought declarations that because of breaches of covenant, the tenants(T) were not entitled to exercise an option to renew a lease of premises at Westcliff-on-sea,Essex. In 1982 T had taken a 15-year lease of a hotel from the landlord. An option entitled T to renew the lease for a term of 125 years and was conditional upon T having paid the rent and having "performed and observed the covenants...". In 1985 T served notice on the landlord to take up its option. The landlords would not accept the request. The matter went to court; the landlords claimed that T had not "performed and observed" covenants. One covenant provided that T should not apply for planning permission without landlords consent. On two occasions T had done so although both were refused. It was held that these applications were sufficient to show that T had not "performed and observed" the covenants and that these breaches had negated T right to exercise the option to renew . Judgment for la| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37311 (Browse shelf(Opens below)) | 1 | Available | 3656-1001 |
ChD 30 July 1986. Landlords sought declarations that because of breaches of covenant, the tenants(T) were not entitled to exercise an option to renew a lease of premises at Westcliff-on-sea,Essex. In 1982 T had taken a 15-year lease of a hotel from the landlord. An option entitled T to renew the lease for a term of 125 years and was conditional upon T having paid the rent and having "performed and observed the covenants...". In 1985 T served notice on the landlord to take up its option. The landlords would not accept the request. The matter went to court; the landlords claimed that T had not "performed and observed" covenants. One covenant provided that T should not apply for planning permission without landlords consent. On two occasions T had done so although both were refused. It was held that these applications were sufficient to show that T had not "performed and observed" the covenants and that these breaches had negated T right to exercise the option to renew . Judgment for la