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Surrender of leases – absence of lender’s consent – effect – implied terms – mistake – CPR procedure

Commercial Leases

Surrender of leases – absence of lender’s consent – effect – implied terms – mistake – CPR procedure

Co-operative Bank Plc v Hayes Freehold Ltd (In Liquidation) (1), Deutsche Bank AG (2), Sentrum (Hayes) Limited (3) and Sentrum Holdings Limited (4) [2016] EWHC 2068 (Ch) (HHJ Hodge QC – sitting as a judge of the Chancery Division) (19 July 2016)

This case raised an interesting issue as to the effect of a purported surrender of two leases where the landlord was required to obtain the consent of a lending bank before effecting any disposition of the leases.

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