Two leases of adjoining commercial premises were granted in 1986, to cover a term from 1985 until 2009. The leases were assigned to the successor of the tenant (HIH) in 1996, and HIH was given the personal right to surrender the lease in 1999 or 2004 if they gave at least 12 months notice in writing.
At all material times after the assignment the premises were occupied by employees of subsidiaries of HIH. HIH did not have employees but had two directors, and in 1998 the directors resolved to exercise HIH’s personal right to surrender the leases. That decision was implemented by one of the employees of a subsidiary company, who instructed solicitors.
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