Court of Appeal decision on service of break notices
The Court of Appeal has given judgment in Orchard (Development) Holdings v Reuters [2009] EWCA Civ 6. A lease containing a tenant's break clause exercisable by six months' previous written notice provided that unless the receiving party or its authorised agent acknowledged receipt a notice was valid only if it was served in certain specified ways. It was held that a break notice served other than in one of the specified ways could only be treated as validly served if the landlord had acknowledged receipt by the last date for service of the break notice (per Smith LJ) or, at the latest, by the break date (per Rix and Toulson LJJ). Nicholas Dowding QC appeared for the respondent.”
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