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Agreement for lease – Identity of landlord – Construction – Entitlement to rescind

Commercial Leases

Agreement for lease – Identity of landlord – Construction – Entitlement to rescind

Bella Italia Restaurants Ltd v Stane Park Ltd and Others [2019] EWHC 2747 (Ch) (Kelyn Bacon QC sitting as a judge of the High Court) (21 October 2019)

This interesting case raised a point on construction of an agreement for lease. Between exchange and grant of the lease the freehold interest was transferred to a third party. The prospective tenant asserted that it was entitled to rescind the agreement and to decline to take the lease from that third party.

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