A lease allowed a break clause to be exercised on six month’s notice. The notice given was calculated by reference to the wrong date, the date of the lease, and not the term contained in it.
Held: The mistake was not sufficiently clear to allow it to be remedied, despite the judge’s doubts on Hankey.
Rattee J
[1996] 1 WLR 834, [1996] 4 All ER 282
England and Wales
Citing:
Doubted – Hankey v Clavering CA 1942
A lease term ran for 21 years from 25 December 1934. A break clause gave either party the right to determine the lease at the expiration of the first seven years, by six calendar months’ notice. The landlord gave notice to the tenant’s solicitors in . .
Cited by:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Appeal from – Garston and Others v Scottish Widows Fund and Life Assurance Society CA 25-Jun-1998
The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 January 2022; Ref: scu.185095