A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read ‘tenant’.
Held: The tenant’s appeal failed. The judge was correct to allow rectification or to construe the lease to allow for what was a clearly incorrect wording.
Citations:
[2005] EWCA Civ 1579
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Thomas Bates and Sons Ltd v Wyndham’s Lingerie Ltd CA 21-Nov-1980
An application was made for rectification of a rent review clause in a lease. When executing the lease, the tenants’ officer, Mr Avon, noticed that the rent review clause in the lease drafted by the landlords was defective in not including a . .
Cited – East v Pantiles Plant Hire Ltd CA 1981
The court considered the circumstances under which rectification could properly be ordered in respect of a deed. Brightman LJ said: ‘It is clear on the authorities that a mistake in a written instrument can, in certain limited circumstances, be . .
Cited – Fitzroy House Epworth Street (No 1) Ltd and Another v The Financial Times Ltd TCC 4-Nov-2005
The tenant sought to exercise a break clause in the lease. The landlord replied that it had not complied with its obligations for repair. The tenant said its compliance was sufficient in the material respects necessary.
Held: The tenant had . .
Appeal from – Littman, Young v Aspen Oil (Broking) Ltd ChD 1-Jul-2005
The tenant sought to exercise a break clause in the lease. The landlord said that the exercise of the right was subject to the tenant having first complied with the terms of the lease.
Held: There was an obvious mistake in the clause which . .
Cited – Bass Holdings Ltd v Morton Music Ltd CA 1987
The tenant had the option to take a further lease on giving written notice of their desire ‘if it shall have . . performed and observed the several stipulations on its part to be performed and observed up to the date of [the notice]’. The question . .
Cited – Bairstow Eves (Securities) Ltd v Ripley CA 1992
The lease conferred on the tenant a right to break the leases on notice ‘if the tenant shall perform and observe all the covenants and obligations herein on the tenant’s part contained’. It had failed to repaint the premises during the year before . .
Cited – West Bromwich Building Society v Wilkinson HL 30-Jun-2005
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation . .
Cited – George Wimpey UK Ltd v VI Construction Ltd CA 3-Feb-2005
A land purchase contract had been rectified by the judge for unilateral mistake. A factor had been dropped from a formula for calculating the price.
Held: The judge’s conclusion that the circumstances existed to allow a rectification was . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 July 2022; Ref: scu.236548