Buildings were let for a term of 17 years. The tenant had the right to terminate the lease after the first five or ten years of the term if it gave notice to that effect and if it ‘shall up to the time of determination . . perform and observe the covenants . . but without prejudice to the remedies of either party against the other in respect of any antecedent claim or breach of covenant’. The tenant gave his notice to terminate, admitting some want of repair at the time he gave notice.
Held: At the time the notice expired the covenants had been duly performed. The issues were whether compliance was required at the time the notice was given as well as at its expiry and whether the provision was a condition precedent notwithstanding the concluding words. As to the first, the answer was no, and as to the second, yes, and: ‘That clause is in an exceedingly familiar form. Such a form – or one so closely resembling it as to be practically indistinguishable – has been in common use for more than a century past. It has been before the Court many times, and it would be dangerous to depart a hair’s breadth from decisions upon it in former cases.’
Judges:
Clauson J
Citations:
[1931] 1 Ch 379
Cited by:
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 – Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd CA 31-Mar-2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.240010
