Sandhar and Kang Ltd v Ijaz: ChD 15 Nov 2018

trial of a claim for possession of a set of commercial premises – The Claimant’s case is that the Defendant occupied the Property pursuant to a lease or, in the alternative, pursuant to an agreement for lease which, in equity, took effect as a lease. On either basis the Claimant’s case is that lease (whether legal or equitable) contained a break clause which the Claimant has operated. The Claimant’s case is that this lease (whether legal or equitable) was contracted out of the protection of Part II of the Landlord and Tenant Act 1954 (‘the 1954 Act’), so that the operation of the break clause was effective to terminate the lease for all purposes, leaving the Defendant as a trespasser in the Property.


Mr Edwin Johnson QC
(Sitting as a Deputy Judge of the High Court)


[2018] EWHC 3071 (Ch)




Landlord and Tenant Act 1954


England and Wales

Landlord and Tenant

Updated: 06 May 2022; Ref: scu.675880