In a lease for seven years containing the usual covenants that the lessee should pay the rent, keep the premises in repair, and co. there was a proviso that the lessee might determine the term at the end of the first three or five years, giving six months’ previous notice, and that then, from and after expiration of such notice, and payment of all rents and duties to be paid by the lessee, and performance of all his covenants until the end of the three or five years, the indenture should cease and be utterly void. Ruled that the payment of rent and performance of the other covenants are conditions precedent to the lessee’s determining the term at the end of the first three years, and that his merely giving six months’ notice expiring with the first three years is not sufficient for that purpose.
Citations:
[1796] EngR 2398, (1796) 6 TR 665, (1796) 101 ER 761
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 05 November 2022; Ref: scu.352103