Success for Charles Sinclair in claim for arrears of rent/service charge/insurance premium contributions in respect of a commercial premise let to a limited company

Success for Charles Sinclair in claim for arrears of rent/service charge/insurance premium contributions in respect of a commercial premise let to a limited company

21 Feb 2023
Charles Sinclair

Success for Charles Sinclair, instructed by Emma Voce at Knights Plc.

Charles represented a landlord in their claim for arrears of rent/service charge/insurance premium contributions in respect of a commercial premise let to a limited company. The key issue in dispute was the validity of a break notice said to have been served in accordance with the terms of the lease. Following a two-day trial, the court accepted the landlord’s position that the break notice was invalid by reason of it not having been served on behalf of the correct tenant, and by reason that the break notice did not provide certainty as to when the lease was to be determined. Furthermore, the Court also accepted the landlord’s evidence that at the material times the tenant remained in breach of its obligations under the lease, which were condition precedent for the effective exercising of the break clause in any event. The landlord was awarded judgment in respect of the full arrears claimed, together with interest and its costs on the indemnity basis.

If you are looking to instruct Charles or any barrister in Chambers Property team then please contact Jason Roukin or Hilary Foster on 020 7822 7000