Can Fire Safety Frustrate a Commercial Lease? Into Nominee 1 v Study Group
Can a commercial lease come to an end because an unexpected event has destroyed its purpose?
In this episode of Unpacking the Case, Richard and Lizzie examine Into Nominee 1 Ltd v Study Group UK Ltd, a recent High Court decision that visits the contractual principle of frustration.
The case is the latest in a long line of attempts by tenants to argue that a lease has been frustrated by events outside their control. This time, the dispute arose against the backdrop of post-Grenfell fire safety concerns, with the tenant arguing that the common purpose of the lease had been undermined.
Richard explains why frustration rarely succeeds in the context of leases.
Whether you're a commercial property lawyer, surveyor, landlord or tenant, this episode explores why frustration remains one of the hardest to establish arguments in real estate law.
Relevant cases:
Taylor v Caldwell (1863)
Cricklewood Property and Investment Trust Ltd v Leighton's Investment Trust Ltd (1945)
National Carriers Ltd v Panalpina (Northern) Ltd [1981]
Canary Wharf v European Medicines Agency [2019]
Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022]
Krell v Henry [1903]
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