New Break Option Decision
This morning, judgment was handed down in Sterling House Ltd v International Baccalaureate Organisation (UK) Ltd [2026] EWHC 2680 (BP).
The question in this case was whether a tenant, who had to pay certain sums by way of rent and insurance rent on the break date, could rely on (1) estoppel and (2) the common law rules for when a payment on demand has to be made.
His Honour Judge Jarman KC found that an estoppel operated, and that there was in any event no default at the break date in relation to the insurance rent if it was not covered by the estoppel.
Full judgment is here.
Guy Fetherstonhaugh KC and Philip Sissons were instructed by Nicola Lawrence at Geldards LLP for the Claimant landlord. Oliver Radley-Gardner KC was instructed by Ed Cracknell and Megan Berry at Russell-Cooke Solicitors for the Defendant tenant.
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