Cases - Central Estates Ltd v Secretary of State for the Environment

Record details

Name
Central Estates Ltd v Secretary of State for the Environment
Date
(1997)
Citation
1 EGLR 239, CA
Legislation
Keywords
Commercial property – landlord and tenant – rent review – break clause – time of the essence – whether time was of the essence for service of a trigger notice – whether a valid trigger notice had been given
Summary

A lease which contained a tenant's break clause exercisable at the end of the first 21 years by the tenant giving 6 months' prior notice, also contained provision for a rent review at the end of the first 21 years, which either party could trigger by giving not less than 12 months prior notice. Because there was sufficient correlation between the break clause and the rent review provisions, time was deemed to be of the essence for the service of the rent review trigger notice, so a trigger notice served by the landlord less than 12 months before the review date was invalid