Levett-Dunn & Ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) (26 April 2016)

Levett-Dunn & Ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) (26 April 2016)

Service of the break notices at the address stated in the lease was valid because the landlords had nominated that address as theirs in the contract, and the risk of non-receipt falls on them if they do not update the tenant. The leases were therefore terminated by the break clause on 10 July 2013. Alternatively, if not, the subsequent grant of a lease to Marstons amounted to surrender by operation of law.

Citation
[2016] EWHC 943 (Ch)
Parties
Claimant: Frederick Levett-Dunn; Claimant: Howard Evans; Claimant: Barnett Waddingham Trustees Ltd; Defendant: NHS Property Services Ltd
Jurisdiction
England and Wales
Judgment Date
26 April 2016
Procedural Posture
Civil (chancery Division) / Judgment After Trial
Outcome
Claim dismissed. Declaration for defendant.
Legal Topics
Break Clauses, Service of Notices, Surrender by Operation of Law, Estoppel, Leasehold Termination
Property Law Landlord and Tenant Break Clauses Service of Notices Surrender by Operation of Law Estoppel Leasehold Termination

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Parties

Frederick Levett-Dunn

Claimant

Howard Evans

Claimant

Barnett Waddingham Trustees Ltd

Claimant

NHS Property Services Ltd

Defendant

Procedural Posture

Civil (chancery Division) / Judgment After Trial

Legal Issues

  1. 1 Whether notices served by the tenant to exercise a break clause were validly served under the lease and statutory provisions
  2. 2 Whether the leases were terminated by operation of the break clause or by surrender by operation of law
  3. 3 Whether estoppel or subsequent conduct affected the subsistence of the leases

Ratio Decidendi

Service of the break notices at the address stated in the lease was valid because the landlords had nominated that address as theirs in the contract, and the risk of non-receipt falls on them if they do not update the tenant. The leases were therefore terminated by the break clause on 10 July 2013. Alternatively, if not, the subsequent grant of a lease to Marstons amounted to surrender by operation of law.

Court Disposition

Claim dismissed. Declaration for defendant.

Orders

  • Declaration that the leases were terminated on 10 July 2013.