Zaman v Saleem
The phrase 'for any reason the landlord does not require' is unqualified and must be given its natural meaning, including situations where the landlord decides not to implement or is unable to implement the clause. Rewriting the clause to add qualifications is not permissible.
- Parties
- Appellant: Zaman; Respondent: Saleem
- Jurisdiction
- England and Wales
- Judgment Date
- 19 May 2015
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- application dismissed
- Legal Topics
- Lease Interpretation, Guarantee Liability, Disclaimer of Lease
Case Brief
Summary, issues, holding and outcome
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Parties
Zaman
Appellant
Saleem
Respondent
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Interpretation of Clause 3.3 regarding landlord's requirement for guarantor to accept new lease after disclaimer
Ratio Decidendi
The phrase 'for any reason the landlord does not require' is unqualified and must be given its natural meaning, including situations where the landlord decides not to implement or is unable to implement the clause. Rewriting the clause to add qualifications is not permissible.
Court Disposition
application dismissed
Orders
- renewed application for permission to appeal is dismissed
Full Case Text
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