Levett-Dunn & Ors v NHS Property Services Ltd

Levett-Dunn & Ors v NHS Property Services Ltd

The address stated in the lease as that of the landlord is, by construction of the contract, a valid place for service of notices under the break clause. Service at 75 Tyburn Rd was valid, and the leases were terminated on 10 July 2013. Alternatively, if not so terminated, the subsequent grant of a lease to Marstons...

Source-derived case information.

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 / Judgment
Outcome
claim dismissed; declaration for defendant
Legal Topics
Service of Notices, Break Clauses, Surrender by Operation of Law, Contractual Interpretation
Property Law Landlord and Tenant Service of Notices Break Clauses Surrender by Operation of Law Contractual Interpretation

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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 / Judgment

Legal Issues

  1. 1 Whether notices served by the tenant to exercise a break clause were validly served under the lease terms and statutory provisions
  2. 2 Whether the leases were terminated by valid notice, estoppel, or surrender by operation of law

Ratio Decidendi

The address stated in the lease as that of the landlord is, by construction of the contract, a valid place for service of notices under the break clause. Service at 75 Tyburn Rd was valid, and the leases were terminated on 10 July 2013. Alternatively, if not so terminated, 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
  • If not, declaration that the leases were surrendered by operation of law on 13 October 2014