The claimants sought a declaration that its tenants had not served an effective notice to break the lease. The lease contained mandatory provisions for service of any notice, and the tenant’s break notice had been served, it said, on the wrong company. The tenant said that in acknowledging receipt the landlord had accepted the validity of the notice, and waived the defect.
Held: The lease had effectively been determined, and the application for declatory relief was refused. The real issue was whether the acknowledgement dispensed with proper service. The landlords clearly understood the defendant’s intention by the notice to break the lease, and the email ‘accepted’ rather than ‘acknowledged’ the notice. The email created an estoppel, from which the landlord could not now withdraw.
Peter Smith J
[2011] EWHC 104 (Ch)
Bailii
England and Wales
Citing:
Cited – Townsends Carriers Ltd v Pfizer Ltd 1977
A break notice had been served not by the tenant company but by an associated company, the service not being on the landlord company but an associated company.
Held: Because the tenant and the landlord had allowed their respective associated . .
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 November 2021; Ref: scu.429654