The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies.
Judges:
Lord Justice Simon Brown’s
Citations:
[1995] QB 192, [1995] 1 EGLR 6
Jurisdiction:
England and Wales
Citing:
Overruled – Gravesham Borough Council v Secretary of State for the Environment QBD 1982
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who . .
Cited by:
Approved – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Cited – JIS (1974) Ltd v MCP Investment Nominees I Ltd CA 9-Apr-2003
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the . .
Applied – PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) ChD 8-Aug-2003
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express . .
Cited – Barrett and Others v Morgan CA 30-Jun-1998
An artificial surrender of a head lease with the sole intention of defeating a sub tenancy was not effective and the subtenant became head tenant in their stead. The collusion defeated the ruse. ‘It is unilateral notices to quit that destroy . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 December 2022; Ref: scu.184538