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Landlord and tenant (general).

The editor of this section of the site is Sarah Thompson-Copsey

Break notices

Effect of registration

Sackville UK Property Select II (GP) No.1 Ltd v Robertson Taylor Insurance Brokers Ltd
[2018] EWHC 122 (Ch)


The assignee of the lease had sought to exercise a break option before being registered as the proprietor at the Land Registry. The notice was held to be ineffective because although the assignee had obtained the benefit of the landlord’s covenants on execution of the lease, it was only the assignor who had standing to serve the break notice under the terms of the lease.


The claimant landlords had granted a ten-year lease to the First Defendant in 2013, which was registered. Clause 6.10 of the lease furnished a break option permitting termination on a minimum of nine months’ written notice from the tenant to the landlord. Under Clause.1.2.1, the "tenant" included the tenant's successors in title and any party in whom the lease might be vested “by whatever means”.

A licence to assign the lease was subsequently granted when the tenant was acquired by a related company, the ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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