Sirhowy Investments Ltd v Henderson & Anor

Sirhowy Investments Ltd v Henderson & Anor

The defendants failed to observe and perform all covenants, specifically the repairing obligation regarding fencing, at the time of purported termination. Therefore, the notice to terminate under clause 4.13 was ineffective and the lease continued.

Parties
Claimant: Sirhowy Investments Limited; Defendant: Peter Noel Henderson; Defendant: Julie Lisa Knight
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil (landlord and Tenant) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Break Clause in Lease, Breach of Covenant, Planning Consent, Waiver of Breach
Landlord and Tenant Contract Law Break Clause in Lease Breach of Covenant Planning Consent Waiver of Breach

Case Brief

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Parties

Sirhowy Investments Limited

Claimant

Peter Noel Henderson

Defendant

Julie Lisa Knight

Defendant

Procedural Posture

Civil (landlord and Tenant) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants validly terminated the lease under clause 4.13
  2. 2 Whether the defendants used all reasonable endeavours to secure planning consent
  3. 3 Whether the defendants observed and performed all covenants in the lease

Ratio Decidendi

The defendants failed to observe and perform all covenants, specifically the repairing obligation regarding fencing, at the time of purported termination. Therefore, the notice to terminate under clause 4.13 was ineffective and the lease continued.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay damages of £70,000 with interest and costs