EDF Energy Networks (EPN) Plc v BOH Ltd & Ors [2009] EWHC 3193 (Ch) (04 December 2009)

EDF Energy Networks (EPN) Plc v BOH Ltd & Ors [2009] EWHC 3193 (Ch) (04 December 2009)

The section 25 notice served by only one of the severed reversioners was invalid and ineffective to terminate the lease as to Plot 2. There was no estoppel or waiver preventing EDF from denying the validity of the notice. Merger as to part did not occur so as to extinguish the leasehold interest in Plot 2. Accordingly, the Lease continues in existence under Part II of the 1954 Act, and EDF retains rights of access and cabling over Plots 20 and 26.

Citation
[2009] EWHC 3193 (Ch)
Parties
Claimant: EDF ENERGY NETWORKS (EPN) Plc; First Defendant: BOH LIMITED; Second Defendant: LAYHAWK CONSULTANTS LIMITED; Third Defendant: SALVATORE AVANZATO
Jurisdiction
England and Wales
Judgment Date
04 December 2009
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claimant succeeds; declaration that the Lease continues in existence under Part II of the 1954 Act and EDF retains rights of access and cabling over Plots 20 and 26.
Legal Topics
Business Tenancies, Leasehold Continuation, Severance of Reversion, Section 25 Notice, Estoppel, Merger of Leasehold and Freehold, Easements
Property Law Landlord and Tenant Law Business Tenancies Leasehold Continuation Severance of Reversion Section 25 Notice Estoppel Merger of Leasehold and Freehold +1 more

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Parties

EDF ENERGY NETWORKS (EPN) Plc

Claimant

BOH LIMITED

First Defendant

LAYHAWK CONSULTANTS LIMITED

Second Defendant

SALVATORE AVANZATO

Third Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the 1953 Lease continues in existence by virtue of Part II of the Landlord and Tenant Act 1954
  2. 2 Whether the section 25 notice served by only one of the severed reversioners was valid to terminate the lease as to Plot 2
  3. 3 Whether estoppel or waiver applies to prevent EDF from denying the validity of the section 25 notice

Ratio Decidendi

The section 25 notice served by only one of the severed reversioners was invalid and ineffective to terminate the lease as to Plot 2. There was no estoppel or waiver preventing EDF from denying the validity of the notice. Merger as to part did not occur so as to extinguish the leasehold interest in Plot 2. Accordingly, the Lease continues in existence under Part II of the 1954 Act, and EDF retains rights of access and cabling over Plots 20 and 26.

Court Disposition

Claimant succeeds; declaration that the Lease continues in existence under Part II of the 1954 Act and EDF retains rights of access and cabling over Plots 20 and 26.

Orders

  • Declaration that the Lease continues in existence under Part II of the 1954 Act
  • Declaration that EDF retains rights of access and cabling over Plots 20 and 26