Lemmerbell Limited, Matthew Fraser Limited v Britannia L.A.S. Direct Ltd (formerly L.A.S. Direct Ltd) [1999] L. & Tr. 102 (C.A.)

Facts: The plaintiffs, Lemmerbell Ltd (‘Lemmerbell’) and Matthew Fraser Ltd (‘Fraser’), appeal from the order dated 22 May 1997 of Rattee J by which he dismissed the proceedings brought by the plaintiffs against the defendant Britannia LAS Direct Ltd (‘Direct’). By those proceedings the plaintiffs claimed that break notices served on them as landlords under two leases were ineffective to determine the leases. By a lease (‘the Unit 6 lease’) made on 18 October 1990 between David Lines (therein called ‘the lessor’, which term was defined to include the person for the time being entitled to the reversion to the lease) and Direct (then called LAS Direct Ltd and therein called ‘the lessee’, which term was defined to include the successors in title to the lessee) Unit 6 Scirocco Close, Northampton (therein called ‘the demised premises’) was demised for a term of 15 years from 29 September 1990. By another lease (‘the Unit 7 lease’) also made on 18 October 1990 between Fraser (then called Matthew Fraser Estates Ltd) as lessor and Direct as lessee Unit 7 Scirocco Close was demised on similar terms, including a similar break provision in clause 7(x) of that lease. On 7 October 1994 Amery-Parkes sent purported break notices in the form of letters in respect of Units 6 and 7 respectively to Mr Lines. On 28 November 1996 the plaintiffs commenced these proceedings, seeking declarations that the term of the Unit 6 lease and the term of the Unit 7 lease continue and remain vested in Direct.