Capitol Park Leeds PLC (claimant/respondent) –v- Global Radio Services Ltd (defendant/appellant)
Thursday 17th June 2021
The Appellant/Defendant appeals the Order of Deputy High Court Judge Nolan QC, dated 23 October 2020 in which he declared that the lease dated 4 March 2002 of the property knows as 1 Sterling Court, Topcliffe Lane, Capitol Park in Leeds did not terminate on 12 November 2017, but continues until 11 November 2025, and made consequential costs orders.
The Appellant/Defendant is the tenant under the lease agreement dated 4 March 2002. The 1st Respondent was the landlord. The Appellant/Defendant argues that it validly exercised the break clause of the lease agreement and terminated the lease on 12 November 2017. The case concerns the validity of the exercise of a tenant’s break clause in a lease of commercial premises. Specifically, whether the Appellant complied with a condition in the break clause requiring it to give vacant possession of the premises.
Lower Court Judgment: