We acted for the landlord on a contested break notice for a lease of a vacant distribution warehouse. Alleged structural defects to the building’s foundations meant that the tenant had difficulties in complying with its repairing obligations, and this led to disputes over the extent of works necessary to operate the break clause. Proceedings were also issued against the construction team responsible for the original design and the work involved coordinating those proceedings with the landlord and tenant matters.
The case was completed in November 2011 with the surrender of the lease. The rent at stake was in excess of £1 million and structural claims potentially exceeded £2 million.