Harbour Estates Ltd v HSBC Bank plc

Subject Matter

LANDLORD AND TENANT — Assignment of lease or underletting — Effect of assignment — Break clause in lease entitling tenant to terminate lease on certain dates — Term in lease stipulating break clause personal to original lessee but providing for assignment of benefit to permitted assignee — Benefit of break clause not expressly assigned on assignment of lease — Whether assignee entitled to benefit of break clause — Whether benefit passing automatically — Whether benefit passing as right in property conveyed — Law of Property Act 1925, s 63(1)

[2005] Ch 194; [2005] 2 WLR 67