NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683
This is a commercial leasehold case, but it is the first significant case on the meaning of ‘vacant possession’ since about 1946 and is of general application, so here it is.
NYK was the lessee of a warehouse owned by Ibrend. NYK purported to exercise a break clause in the lease on 3 April 2009. Ibrend denied that NYK had validly terminated the cease because it had failed to give vacant possession on 3 April 2009 (a condition of the break clause) and that the lease continued until 25 December 2009, when NYK exercised a further break clause, … Read the full post
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