A lease will sometimes contain an option for the lessee to renew it for a further term. The lessee will not be able to take advantage of the option unless he has complied strictly with all the covenants and conditions in the lease. In West Country Cleaners v. Saly (1966) the tenants were given an option to renew the lease provided there had been due observance and performance of all the covenants in the lease. The lease contained a covenant to paint, paper and whitewash every third year. The tenant did not comply strictly with the covenant although the premises were well kept and the landlord, who often visited, never complained. It was held nevertheless that the landlord’s silence did not amount to a waiver of the breach of the covenant, that the option to renew the lease was a privilege and the tenant was disqualified from exercising it by reason of the breach of the covenant, even though it was a trivial breach.
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- Options to renew the lease, break clauses and options to purchase the reversion
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- Chapter 13