Business lease – Break clause – Option exercised – Tenant denies lease exists containing the break option – Basis for an expedited trial for a possession order

Sandhar & Kang Ltd v Ijaz [2018] EWHC 2604 (Ch) (Zacaroli J) (10 August 2018)

The background facts as found

The case concerns a property in Birmingham which was part of a development site put together by the claimant (S&K). S&K contends that as landlord it entered into a lease of the property with the defendant (T) on 3 January 2017 and that the lease granted a term of 10 years from May 2015. S&K also says the lease was in standard Law Society form, together with a rider which provided for a two-way break clause, enabling the lease to be terminated on three months’ notice and that the lease was outside the security of tenure protection of the Landlord and Tenant Act 1954.