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Break clause

Language: English Series: Estates Gazette Case Summaries ; [1996] EGCS 62(1) (13/04/96)Publication details: 1996Subject(s): Summary: "Dun & Bradstreet Software Services (England) Ltd and another v Provident Mutual Life Assurance Association" ChD 2 April 1996. Three leases executed by D for parts of a premises. All leases included by reference, the tenants break clause. In 1990, D became a wholly owned subsidiary of B. Assignment of the leases never took place. B later addressed notice to P for operation of the break clause. Invalidity became apparent too late and B paid rent after the deadline. P sought declaration that all leases had determined on 24 June 1995. B counterclaimed double rent pursuant to Distress for Rent Act 1737 and double value pursuant to the Landlord and Tenant Act 1730. Judgment for B.

"Dun & Bradstreet Software Services (England) Ltd and another v Provident Mutual Life Assurance Association" ChD 2 April 1996. Three leases executed by D for parts of a premises. All leases included by reference, the tenants break clause. In 1990, D became a wholly owned subsidiary of B. Assignment of the leases never took place. B later addressed notice to P for operation of the break clause. Invalidity became apparent too late and B paid rent after the deadline. P sought declaration that all leases had determined on 24 June 1995. B counterclaimed double rent pursuant to Distress for Rent Act 1737 and double value pursuant to the Landlord and Tenant Act 1730. Judgment for B.