Cases - Mourant Property Trust v Fusion Electronics

Record details

Name

Mourant Property Trust v Fusion Electronics

Date

[2009]

Citation

EWHC 3659 (Ch)

Keywords

Break clauses - vacant possession - repair works run over - break invalid

Summary

A break on 3 months’ notice was conditional on vacant possession. There was not long enough for the tenant’s contractors to finish repair work. Although the tenant offered to return the keys on the break date, it kept a set for the contractors – who had tools and materials in one of the warehouses, and still had work to do. In the court’s view the tenant had not delivered up vacant possession. The break was invalid.a