Landmark Chambers

Home > Resources > Cases

Cases

PCE Investors v Cancer Research [2012] EWHC 884 (Ch) Peter Smith J

DATE: 04 Apr 2011

Peter Smith J held that it was a condition precedent for the effective exercise of a tenant’s break notice that payment be made of the full quarter’s rent prior to the break date. He held that the argument to the contrary had no reasonable prospect of success and also refused the tenant permission to amend to introduce an argument that the landlord was estopped from denying that the break clause has been effectively exercised on the grounds by having failed to point out to the tenant that the full rent needed to be paid.