Cases - Garston v Scottish Widows Fund and Life Assurance Society
Record details
- Name
- Garston v Scottish Widows Fund and Life Assurance Society
- Date
- [1998]
- Citation
- 1 WLR 1583
- Legislation
- Keywords
- Landlord and tenant – business premises – whether notice to determine lease and request tenancy effective to determine lease and request new tenancy - landlord and Tenant Act 1954, s26
- Summary
-
The tenant under a 20 year lease exercised a break right at the expiration of the tenth year. Simultaneously with the notice to terminate, the tenant sent to the landlord a section 26 request for a new tenancy, in the expectation of being granted a new lease at a lower rent. The Court of Appeal upheld the judge's decision that the section 26 request for a new tenancy was not effective in these circumstances. The 1954 Act does not permit a tenant, in times of recession, to break a lease to terminate the suffering of its burdens in order to obtain a new lease on more favourable terms.