The applicant landlord brought an application for a declaration that the respondent tenant's option to terminate its commercial lease had expired before it was exercised.
The dispute centered on the correct 'Commencement Date' of the lease, which dictated the termination window.
The landlord relied on a registered notice of lease stating the date was October 27, 2005, while the tenant argued the lease terms dictated November 14, 2005.
The court held that the lease's express language established November 14, 2005 as the Commencement Date, and the erroneous notice of lease did not amend the contract.
The court also rejected the landlord's equitable estoppel argument, noting the landlord had actual notice of the lease terms prior to purchasing the property.
The tenant's notice of termination was deemed effective.
